CELEX: 32019M9384
Language: en
Date: 2019-07-01 00:00:00
Title: Commission Decision of 01/07/2019 declaring a concentration to be compatible with the common market (Case No COMP/M.9384 - Sumitomo Corporation / Nippon Steel Corporation) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

EUROPEAN COMMISSION
                                                                Brussels, 1.7.2019
                                                                C(2019) 5101 final
                                                                                 PUBLIC VERSION
                                                                To the notifying parties
Subject:        Case M.9384 – SUMITOMO CORPORATION / NIPPON STEEL
                CORPORATION / STANDARD STEEL HOLDINGS
                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 6 June 2019, the European Commission received notification of a proposed
        concentration pursuant to Article 4 of the Merger Regulation by which Sumitomo
        Corporation (‘Sumitomo’, Japan) and Nippon Steel Corporation (‘NSC’, Japan)
        acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control
        of the whole of Standard Steel Holdings, Inc. (‘Standard Steel’, U.S.), currently
        controlled by NSC via its wholly-owned subsidiary Nippon Steel North America, Inc.
        The concentration is accomplished by way of purchase of shares.3
2.      The business activities of the undertakings concerned are:
             − for Sumitomo: an integrated trading and investing company, providing a
                 comprehensive range of services and products in Japan and around the world.
                 It is active in various sectors such as: trading of metal products, transportation
                 and construction of systems, environment and infrastructure, chemicals and
                 electronics, media, networks and lifestyle related goods, mineral resources,
                 energy and life sciences,
             − for NSC: manufacturing and supplying of steel products such as steel plate and
                 sheets, steel bars and sections, wire rods, steel pipes and tubes, as well as
                 stainless steel products and titanium 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 203, 17.6.2019, p. 3.
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 Standard Steel: manufacturing forged steel wheels and axles for freight
           railcars, locomotives and passenger railcars, which operates primarily in North
           America.
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)
                                                   Johannes LAITENBERGER
                                                   Director-General
4  OJ C 366, 14.12.2013, p. 5.
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