Prior notification of a concentration (Case M.11187 - MITSUI / CELANESE / NUTRINOVA JV) Candidate case for simplified procedure (Text with EEA relevance) 2023/C 285/07
Date: 2023-08-14
Institutions: Directorate-General for Competition, European Commission
Subjects: chemical product, chemical salt, economic concentration, fertiliser, management, merger control, organic acid, polymer, preservative, special polymer, sweetener








C_2023285EN.01001801.xml










14.8.2023   


EN


Official Journal of the European Union


C 285/18






Prior notification of a concentration
(Case M.11187 - MITSUI / CELANESE / NUTRINOVA JV)
Candidate case for simplified procedure
(Text with EEA relevance)
(2023/C 285/07)

1.   
On 27 July 2023, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1).
This notification concerns the following undertakings:






—


Mitsui & Co, Ltd., (‘Mitsui’, Japan),










—


Celanese Corporation (‘Celanese’, United States),










—


Nutrinova B.V. (‘Nutrinova JV’, Netherlands), controlled by Celanese.




Mitsui and Celanese will acquire within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control of Nutrinova JV.
The concentration is accomplished by way of purchase of shares in a newly created company constituting a joint venture.


2.   
The business activities of the undertakings concerned are the following:






—


Mitsui is a trading, business management and project development company active in various sectors, including basic chemicals, performance chemicals, and food resources.










—


Celanese is a global producer of high-performance engineered polymers that are used in a variety of high-value applications, as well as acetyl products, which are used as intermediate chemicals for major industries.






3.   
The business activities of Nutrinova JV are the following:






—


the production and supply of the sweetener acesulfame potassium (‘Ace-K’), the preservatives potassium sorbate and sorbic acid, and ammonium sulphate, which is used as a fertiliser and for insulation production.






4.   
On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the Merger Regulation. However, the final decision on this point is reserved.
Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice.


5.   
The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.
Observations must reach the Commission not later than 5 days following the date of this publication. The following reference should always be specified:
M.11187 - MITSUI / CELANESE / NUTRINOVA JV
Observations can be sent to the Commission by email or by post. Please use the contact details below:
Email: COMP-MERGER-REGISTRY@ec.europa.eu
Postal address:





European Commission




Directorate-General for Competition




Merger Registry




1049 Bruxelles/Brussel




BELGIQUE/BELGIË







(1)  OJ L 24, 29.1.2004, p. 1 (the ‘Merger Regulation’).

(2)  OJ C 366, 14.12.2013, p. 5.