CELEX: 32011M6374
Language: en
Date: 2011-09-28 00:00:00
Title: Commission Decision of 28/09/2011 declaring a concentration to be compatible with the common market (Case No COMP/M.6374 - BRASKEM / DOW POLYPROPYLENE BUSINESS) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

Important legal notice

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32011M6374

Commission Decision of 28/09/2011 declaring a concentration to be compatible with the common market (Case No COMP/M.6374 - BRASKEM / DOW POLYPROPYLENE BUSINESS) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)  

          |EUROPEAN COMMISSION     |
            Brussels , 28/09/2011
             C(2011)7073
             SIMPLIFIED MERGER PROCEDURE
              PUBLIC VERSION
             |To the notifying party |
             Dear Madam(s) and/or Sir(s),
             Subject: Case No COMP/M.6374 - Braskem/ Dow Polypropylene Business  Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC) No 139/2004  [1] 
            1.  On 26 August 2011, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by which the undertaking Braskem America, Inc ("Braskem", United States), controlled by Braskem S.A (Brazil), acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the polypropylene business of Dow Chemical Company ("Dow polypropylene business", United States) by way of purchase of assets. 
             The business activities of the undertakings concerned are:
             - for Braskem: production and sale of polypropylene predominantly in the United States.
             - for Dow polypropylene business: supply of polypropylene resins [2]  .
            2.  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(c)(i) of the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004 [3]  .  
            3.  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.
             For the Commission (signed) Alexander ITALIANER 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 C 263, 7.9.2011, p. 27.
            [3] OJ C 56, 5.3.2005, p. 32.