CELEX: 32015M7552
Language: en
Date: 2015-04-30 00:00:00
Title: Commission Decision of 30/04/2015 declaring a concentration to be compatible with the common market (Case No COMP/M.7552 - MITSUI CHEMICALS / SK HOLDINGS / JV) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

|[pic]                             |EUROPEAN COMMISSION                                                                                      |

                                        Brussels, 30.4.2015
                                        C(2015) 3088 final

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|To the notifying parties:                                              |

Dear Sirs,

Subject:    Case M.7552 - MITSUI CHEMICALS / SK HOLDINGS / 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 1 April 2015, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by
    which the undertaking(s) Mitsui Chemicals, Inc ("MCI", Japan) and SKC Co, Ltd ("SKC", South Korea) belonging to the group SK  Holdings  Co.,
    Ltd (South Korea) acquire(s) within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control 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 MCI : MCI is a Japanese chemicals company organised into six business sectors:  (i)  Functional  Chemicals,  which  includes  medical
        materials, agrochemicals and nonwoven fabrics; (ii) Functional Polymeric Materials, which includes elastomers and polymer products; (iii)
        Polyurethane; (iv) Basic Chemicals, which includes toluene, phenols, purified terephthalic acid, PET resin and industrial chemicals;  (v)
        Petrochemicals and (vi) Films and Sheets for packaging, protective and adhesive purposes.

      – for SKC: SKC is active in the production and sale of certain chemicals (e.g., propylene oxide, propylene glycols,  toluene  and  polyols)
        and films (optical film used in LCD and lenses, heat shrinkable polyester film as well as PET and PVDF film and EVA sheet for solar light
        applications).

 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)
                                        Alexander ITALIANER
                                        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 120, 15.04.2015, p. 4.

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

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                                                                  PUBLIC VERSION

                                                           SIMPLIFIED MERGER PROCEDURE