CELEX: 32016M8208
Language: en
Date: 2016-10-28 00:00:00
Title: Commission Decision of 28/10/2016 declaring a concentration to be compatible with the common market (Case No COMP/M.8208 - CPPIB / GLENCORE / GLENCORE AGRI) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

|[pic]                             |EUROPEAN COMMISSION                                                                                      |

                                        Brussels, 28.10.2016
                                        C(2016) 7123 final

                                        Public version

                                        To the notifying parties

Dear Sirs,

Subject:    Case M.8208 – CPPIB / Glencore / Glencore Agri
         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 6 October 2016, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger  Regulation
    by which the undertakings Canada Pension Plan Investment Board ('CPPIB', Canada) and Glencore plc ('Glencore', Switzerland)  acquire  within
    the meaning of Article 3(1)(b) of the Merger Regulation joint control of Glencore Agriculture Limited ('Glencore Agri', Switzerland) by  way
    of purchase of shares.[3]

 2. The business activities of the undertakings concerned are:

      – for CPPIB: investment in public equities, private equities, real estate, infrastructure and fixed income instruments,

      – for Glencore: supply and trading of a wide range of commodities and raw materials, including metals,  minerals,  oil  and  oil  products,
        coal and agricultural products around the world. Its customers are commercial firms, active in the automotive, steel,  power  generation,
        oil and food processing sectors,

      – for Glencore Agri: origination and marketing of agricultural products, including grains, oils/oilseeds, cotton, sugar and bio-diesel.

 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

-----------------------
[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 378, 14.10.2016, p. 23.
[4]   OJ C 366, 14.12.2013, p. 5.