CELEX: 32016M8209
Language: en
Date: 2016-10-04 00:00:00
Title: Commission Decision of 04/10/2016 declaring a concentration to be compatible with the common market (Case No COMP/M.8209 - GLM / MULTICO / TORAY GROUP / TTC / JV) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

|[pic]                             |EUROPEAN COMMISSION                                                                                      |

                                        Brussels,  04.10.2016
                                        C(2016) 6479 final

                                        [pic]

                                        [pic]

                                        To the notifying parties

Dear Sirs,

Subject:    Case M.8209 - GLM / MULTICO / TORAY GROUP / TTC / 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 9 September 2016, the European Commission received notification of  a  proposed  concentration  pursuant  to  Article  4  of  the  Merger
    Regulation by which the undertakings PT. Gapura Liqua Mandiri ("GLM" of Indonesia),  Multico  Infracore  Holdings  Pte  Ltd.  ("Multico"  of
    Singapore), Toray Industries, Inc. ("Toray Group" of Japan) and Toyota Tsusho Corporation ("TTC" of Japan) acquire  within  the  meaning  of
    Article 3(1)(b) of the Merger Regulation joint control of PT.  Gapura  Liqua  Solutions  ("GLS"  of  Indonesia),  a  newly  created  company
    constituting a joint venture, by way of purchase of shares. [3]

 2. The business activities of the undertakings concerned are:

      –     for GLM: water solutions, including wastewater treatment processes, upgrading, recycling and recovery services;

      –     for Multico: distribution of heavy equipment, engines and parts for use in various sectors such  as  construction,  agriculture,  oil
           and gas and renewable energy;

      –     for Toray Group: production and sale of chemicals for various applications;

      –     for TTC: global trading across various industries, including metals, automotive, aircraft, chemicals and electronics;

      –     for GLS: sale, installation and maintenance of water treatment systems and other water treatment services, with a focus on Indonesia.

 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)
                                        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 339, 16.9.2016, p. 11.
[4]   OJ C 366, 14.12.2013, p. 5.

-----------------------

                                                                  PUBLIC VERSION

                                                           SIMPLIFIED MERGER PROCEDURE