CELEX: 32014M7158
Language: en
Date: 2014-03-11 00:00:00
Title: Commission Decision of 11/03/2014 declaring a concentration to be compatible with the common market (Case No COMP/M.7158 - GLENCOREXSTRATA / SUMITOMO / CLERMONT JV) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

|[pic]                             |EUROPEAN COMMISSION                                                                                      |
|                                  |                                                                                                         |
|                                  |                                                                                                         |
|                                  |                                                                                                         |
|                                  |                                                                                                         |

                                        Brussels, 11.3.2014
                                        C(2014) 1703 final 

                                        C(2014) 1703 final

|To the notifying parties:                                             |                                                                |
|                                                                      |                                                                |

Dear Madam(s) and/or Sir(s),

Subject:    Case COMP/ M.7158 - GlencoreXstrata/Sumitomo/Clermont JV
         Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC) No 139/2004[1]

 1. On 11 February 2014, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation
    by which GlencoreXstrata plc (“Glencore”, Jersey ) and Sumitomo Corporation (“Sumitomo”, Japan) acquire within the meaning of Article 3(1)(b)
    of the Merger Regulation joint control over the Clermont coal mine in Queensland, Australia (“the Clermont Joint Venture”, Australia), by way
    of purchase of shares and assets[2].

 1. The business activities of the undertakings concerned are:

      -     for Glencore: worldwide supply of commodities and  raw  materials  including  metals,  minerals,  oil  and  oil  products,  coal  and
           agricultural products, to industrial customers active in the automotive, steel, power generation, oil and food processing sectors;

      -     for Sumitomo: trading activity in metal products, transportation and construction, environment and  infrastructure,  media,  network,
           and lifestyle related goods and services, mineral resource, energy, chemical & electronics;

      -     for the Clermont Joint Venture: operation of a thermal coal mine located near Clermont in central Queensland, Australia.

 2. 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[3].

 3. 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.

                                        For the Commission

                                        (Signed)
                                        Alexander ITALIANER
                                        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]    Publication in the Official Journal of the European Union No C 47, 19.02.2014, p. 4.

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

-----------------------
                                                                  PUBLIC VERSION

                                                           SIMPLIFIED MERGER PROCEDURE