CELEX: 32017M8497
Language: en
Date: 2017-06-19 00:00:00
Title: Commission Decision of 19/06/2017 declaring a concentration to be compatible with the common market (Case No COMP/M.8497 - SIBUR / TECHNIPFMC / LINDE / JV) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

EUROPEAN COMMISSION
                     
                  
               
               Brussels,19.6.2017
            
            
               C(2017) 4352 final
            
            
               
                  PUBLIC VERSION
               
            
            
            
            
               To the notifying parties
            
            
            
            
               Subject:Case M.8497 - SIBUR / TECHNIPFMC / LINDE / JV
                  Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC) No 139/2004
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                and Article 57 of the Agreement on the European Economic Area
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               Dear Sir or Madam,
            
            
               1.On 19 May 2017, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by which Research and Design Institute on Gas Processing Joint Stock Company ("NIPIgaspererabotka", Russia), TechnipFMC plc ("TechnipFMC", UK) and Linde AG, Engineering Division ("Linde", Germany) acquire, within the meaning of Article 3(4) of the Merger Regulation, joint control of a newly created company constituting a joint venture ("JV"). 
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               2.The business activities of the undertakings concerned are:
            
            
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                     NIPIgaspererabotka, controlled by SIBUR group, is a private company that provides a wide range of services for the oil and gas chain, petrochemicals and other industries on the Russian market.
            
            
            
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                     TechnipFMC is a global player in oil and gas projects, technologies, systems and services in three distinct segments: subsea, onshore/offshore, and surface projects.
            
            
            
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                     Linde is a global industrial gas and engineering company active in the industrial gases, medical gases, equipment, engineering and services sectors.
            
            
            
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                     The JV will be active in the provision of Front-End Engineering and Design, Project Documentation and CAPEX estimates, along with engineering and services for Procurement, Construction, Installation and Commissioning of Liquid Natural Gas plants on concrete gravity-based structures. The activities will be limited to Russia. 
            
            
               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.
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               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 167, 25.5.2017, p. 8.
               
               
                  
                     (4)
                  
                  
                      
                           OJ C 366, 14.12.2013, p. 5.