CELEX: 32016M8118
Language: en
Date: 2016-08-31 00:00:00
Title: Commission Decision of 31/08/2016 declaring a concentration to be compatible with the common market (Case No COMP/M.8118 - OPENGATE CAPITAL / UMICORE ZINC CHEMICALS) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

|[pic]                             |EUROPEAN COMMISSION                                                                                      |

                                        Brussels, 31.8.2016
                                        C(2016) 5680 final

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                                       To the Notifying Party

Dear Sirs,

Subject:    Case M.8118 – OPENGATE CAPITAL / UMICORE ZINC CHEMICALS
         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 5 August 2016, the European Commission received notification of a proposed concentration pursuant to Article 4 and following  a  referral
    pursuant to Article 4(5) of Council Regulation (EC) No 139/2004 by which the undertakings OpenGate  Capital  Partners  I,  LP  and  OpenGate
    Capital Partner I-A, LP (together “OpenGate Capital”, Cayman Islands) acquire within the meaning of Article 3(1)(b) of the Merger Regulation
    control of Umicore Zinc Chemicals Belgium NV/SA, Umicore Norway AS, Umicore Hunan Fuhong Zinc Chemicals Co. Ltd, Umicore Malaysia  Sdn  Bhd,
    Umicore Nederland B.V., Umicore Marketing Services USA Inc, Umicore Shanghai Co. (together "UZC") by way of purchase of shares.[3]

 2. The business activities of the undertakings concerned are:

  – for OpenGate Capital: global private equity firm,

  – for UZC: activities in zinc oxides, fine zinc powders and fine zinc powders for battery materials.

 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(b) 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

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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 298, 18.8.2016, p. 15.
[4]   OJ C 366, 14.12.2013, p. 5.

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                                                                  PUBLIC VERSION

                                                           SIMPLIFIED MERGER PROCEDURE