CELEX: 32021M10424
Language: en
Date: 2021-10-06 00:00:00
Title: Commission Decision of 06/10/2021 declaring a concentration to be compatible with the common market (Case No COMP/M.10424 - FORESTAL ARAUCO / OTPPB / AGRICOLA NEUFUN JV) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

EUROPEAN COMMISSION
                                                                Brussels, 6.10.2021
                                                                C(2021) 7364 final
                                                                                 PUBLIC VERSION
                                                                Forestal Arauco S.A.
                                                                Avenida El Golf 150, 14th floor
                                                                Las Condes, Santiago
                                                                Chile
                                                                Ontario Teachers’ Pension Plan Board
                                                                5650 Yonge Street
                                                                Toronto, Ontario, M2M 4H5
                                                                Canada
Subject:         Case M.10424 – FORESTAL ARAUCO / OTPPB / AGRICOLA
                 NEUFUN JV
                 Commission decision pursuant to Article 6(1)(b) of Council Regulation
                                         1
                 (EC) No 139/2004 and Article 57 of the Agreement on the European
                                     2
                 Economic Area
Dear Sir or Madam,
1.      On 8 September 2021, the European Commission received a notification of a
        proposed concentration pursuant to Article 4 of the Merger Regulation by which
        Forestal Arauco S.A. (Forestal Arauco, Chile) and Ontario Teachers’ Pension Plan
        Board (OTPPB, Canada) intend to acquire within the meaning of Article 3(1)(b)
        and 3(4) of the Merger Regulation joint control of Agrícola Neufun SpA (Chile) by
        way of purchase of shares in a newly created company constituting a joint venture.3
2.      The business activities of the undertakings concerned are:
        −     for Forestal Arauco, ultimately controlled by Inversiones Angelini y Compañía
              Limitada (the Angelini Group): forestry (forestation, reforestation, thinning, care,
              management, exploitation and industrialization of artificial and native forests),
              agricultural and livestock activities, sale and export of products and by-products
              of forestry, industrial, agricultural and livestock activities,
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 (the ‘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 372, 16.9.2021, p. 11.
Commission européenne, DG COMP MERGER REGISTRY, 1049 Bruxelles, BELGIQUE
Europese Commissie, DG COMP MERGER REGISTRY, 1049 Brussel, BELGIË
Tel: +32 229-91111. Fax: +32 229-64301. E-mail: COMP-MERGER-REGISTRY@ec.europa.eu.
 ---pagebreak---    −   for OTPPB: administration of pension benefits and investment of pension plan
       assets on behalf of active and retired teachers in the province of Ontario, Canada,
   −   for Agrícola Neufun Spa: the joint venture company (JV Company) to be
       established will develop horticulture activities, including the developing, planting,
       caring, harvesting, operating, and maintaining of crops of hazelnut trees, and / or
       other arboreal species, like walnut trees in Chile. The JV Company will
       subsequently commercialize the fruits of these hazelnut and walnut trees.
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(a) 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)
                                                   Olivier GUERSENT
                                                   Director-General
4  OJ C 366, 14.12.2013, p. 5.
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