CELEX: 32018M9052
Language: en
Date: 2018-09-24 00:00:00
Title: Commission Decision of 24/09/2018 declaring a concentration to be compatible with the common market (Case No COMP/M.9052 - Kirin Holdings Company, Limited / Mitsui & Co., Ltd. / Thorne Holding Corp) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

EUROPEAN COMMISSION
                     
                  
               
               Brussels, 24.09.2018
            
            
               C(2018) 6319 final
            
            
                     
                        PUBLIC VERSION
                     
                  
               
            
               To the notifying parties
               
            
               Subject:Case M.9052 – Kirin/Mitsui/Thorne
                  Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC) No 139/2004
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                and Article 57 of the Agreement on the European Economic Area
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               Dear Sir or Madam,
            
            
               1.On 31 August 2018, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by which the undertakings Kirin Holdings Company, Limited (‘Kirin’, Japan) and Mitsui & Co., Ltd. (‘Mitsui’, Japan) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control over the whole of the undertaking Thorne Holding Corporation (‘Thorne’, USA) by way of a purchase of shares.
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               2.The business activities of the undertakings concerned are:
            
            
               -for Kirin: engaging in pharmaceutical, biotechnology and integrated beverages businesses,
            
            
               -for Mitsui: a trading house engaging in a number of worldwide commodity and other businesses, including the sale, distribution, purchase, marketing and supply of products in business areas such as iron and steel, coal and non-ferrous metals, machinery, electronics, chemicals, and energy-related commodities,
            
            
               -for Thorne: developing, manufacturing and selling high-end nutritional supplements, mainly to healthcare practitioners in the U.S.A. Thorne also sells animal nutritional supplements and self-diagnostic tests for at-home detection of various health problems.
            
            
               3.After examination of the notification, the European Commission has concluded that the notified operation falls within the scope of the Merger Regulation and of paragraphs 5(a) and 5(c) of the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004.
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               4.For the reasons set out in the Notice on a simplified procedure, the European Commission has decided not to oppose the notified operation and to declare it compatible with the internal market and with the EEA Agreement. This decision is adopted in application of Article 6(1)(b) of the Merger Regulation and Article 57 of the EEA Agreement.
            
            
               For the Commission
               
                  (Signed)
               Johannes LAITENBERGER
                  Director-General
            
         
         
            
                  
                     (1)
                  
                  
                        OJ L 24, 29.1.2004, p. 1 (the 'Merger Regulation'). With effect from 1 December 2009, the Treaty on the Functioning of the European Union ('TFEU') has introduced certain changes, such as the replacement of 'Community' by 'Union' and 'common market' by 'internal market'. The terminology of the TFEU will be used throughout this decision.
                  
               
               
                  
                     (2)
                   
                        OJ L 1, 3.1.1994, p. 3 (the 'EEA Agreement').
               
               
                  
                     (3)
                   
                        Publication in the Official Journal of the European Union No C 315, 7.9.2018, p. 23.
               
               
                  
                     (4)
                  
                  
                      
                           OJ C 366, 14.12.2013, p. 5.