CELEX: 32016M7970
Language: en
Date: 2016-06-14 00:00:00
Title: Commission Decision of 14/06/2016 declaring a concentration to be compatible with the common market (Case No COMP/M.7970 - AIR LIQUIDE / OMZ / JV) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

|[pic]                             |EUROPEAN COMMISSION                                                                                      |

                                        Brussels, 14.06.2016
                                        C(2016) 3771 final

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                                        To the notifying parties:

Dear Sirs,

Subject:    Case M.7970 - AIR LIQUIDE / OMZ / JV
         Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC) No 139/2004[1] and Article 57 of the Agreement on the
         European Economic Area[2]

 1. On 19 May 2016, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation  by
    which Air Liquide Global E&C Solutions (France) and OMZ (Russian Federation) acquire within the  meaning  of  Article  3(4)  of  the  Merger
    Regulation joint control of a newly created company constituting a joint venture. [3]

 2. The business activities of the undertakings concerned are:

      -     for Air Liquide E&C: Air Liquide E&C is a  subsidiary,  wholly-owned  and  controlled  by  Air  Liquide  S.A.,  France,  which  is  a
           multinational producer of industrial gases and offers gases, technologies and related  services  for  different  industries  and  the
           health care sector. Air Liquide E&C is one of the operative entities of the Air Liquide Group which designs,  develops  and  produces
           gas production units.

      -     for OMZ: OMZ is a public joint stock company controlled by "Gazprombank", which is a financial  institution  delivering  banking  and
           investment services. OMZ is engaged in the heavy machine-building industry which comprises  nuclear  power  equipment,  petrochemical
           equipment, oil and gas drilling equipment, products made from special and regular steel, metallurgical equipment,  mining  equipment,
           cryogenic technology, pipeline valves and engineering, comprehensive solutions, and servicing. Among other technologies, products and
           services, OMZ is engaged in the development, production and implementation of air separation technologies and equipment,  the  supply
           of industrial gases, and development of comprehensive solutions for refinement  of  associated  gas,  natural  gas  and  liquefaction
           natural gas (LNG).

      -     for the JV: the provision of engineering and design services, as  well  as  equipment,  relating  to  the  natural  gas  liquefaction
           processes.

 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 paragraph 5 (c) of the Commission Notice on a simplified procedure for treatment of  certain  concentrations  under
    Council Regulation (EC) No 139/2004.[4]

 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

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[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 188, 27.5.2016, p. 4.

[4]   OJ C 366, 14.12.2013, p. 5.

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                                                                  PUBLIC VERSION

                                                           SIMPLIFIED MERGER PROCEDURE