CELEX: 32021M10096
Language: en
Date: 2021-01-28 00:00:00
Title: Commission Decision of 28/01/2021 declaring a concentration to be compatible with the common market (Case No COMP/M.10096 - INVITALIA / ARCELORMITTAL / AM INVESTCO) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

EUROPEAN COMMISSION
                                                                Brussels, 28.01.2021
                                                                C(2021) 556 final
                                                                                 PUBLIC VERSION
                                                                To the notifying parties
Subject:        Case M.10096 – INVITALIA / ARCELORMITTAL / AM INVESTCO
                Commission decision pursuant to Article 6(1)(b) of Council Regulation
                                       1
                (EC) No 139/2004 and Article 57 of the Agreement on the European
                                    2
                Economic Area
Dear Sir or Madam,
1.      On 06 January 2021, the European Commission received notification of a proposed
        concentration pursuant to Article 4 of the Merger Regulation by which the
        undertakings Agenzia nazionale per l’attrazione degli investimenti e lo sviluppo
        d’impresa S.p.A. (‘Invitalia’, Italy) and ArcelorMittal S.A. (‘ArcelorMittal’,
        Luxembourg) acquire within the meaning of Articles 3(1)(b) and 3(4) of the Merger
        Regulation joint control of the whole of AM InvestCo Italy S.p.A. (‘AM InvestCo’,
        Italy), controlled by ArcelorMittal. The concentration is accomplished by way of
        purchase of shares.3
2.      The business activities of the undertakings concerned are:
        −     for Invitalia: an Italian national agency for inward investment and economic
              development, currently controlling several businesses active in the sectors of
              telecommunications infrastructure, banking, tourism and urban development,
        −     for ArcelorMittal: a global steel and mining company, whose principal business is
              the production, distribution, marketing, and sale of steel products for various
              applications including automotive, construction, household appliances, and
              packaging. It produces a range of steel semi-finished and finished products,
              including flat and long carbon steel products,
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 21, 20.1.2021, p. 6.
Commission européenne, DG COMP MERGER REGISTRY, 1049 Bruxelles, BELGIQUE
Europese Commissie, DG COMP MERGER REGISTRY, 1049 Brussel, BELGIË
Tel: +32 229-91111. Fax: +32 229-64301. E-mail: COMP-MERGER-REGISTRY@ec.europa.eu.
 ---pagebreak---    −    for AM InvestCo: a subsidiary of ArcelorMittal, which controls certain Italian
        steel business units owned by the Ilva Group active in the production, processing
        and distribution of flat carbon steel products and welded steel tubes.
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)
                                                    Olivier GUERSENT
                                                    Director-General
4  OJ C 366, 14.12.2013, p. 5.
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