CELEX: 32021M10405
Language: en
Date: 2021-09-13 00:00:00
Title: Commission Decision of 13/09/2021 declaring a concentration to be compatible with the common market (Case No COMP/M.10405 - ALBA / SWIRE / JV) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

EUROPEAN COMMISSION
                                                                Brussels, 13.09.2021
                                                                C(2021) 6743 final
                                                                                 PUBLIC VERSION
                                                                ALBA Asia Plastics Recycling Ltd.
                                                                Unit 3608, AIA Tower,
                                                                183 Electric Road, North Point,
                                                                Hong Kong
                                                                Swire Plastics Recycling Ltd,
                                                                33/F Dorset House, Taikoo Place, 979
                                                                King’s Road, Quarry Bay,
                                                                Hong Kong
Subject:        Case M. 10405 — Alba/Swire/JV
                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 20 August 2021, the European Commission received notification of a proposed
        concentration pursuant to Article 4 of the Merger Regulation by which the
        undertakings ALBA Asia Plastics Recycling Ltd. (Hong Kong), belonging to the
        ALBA group ultimately controlled by Dr. Axel Schweizer and Dr. Eric Schweizer
        (“ALBA”, Germany) and Swire Plastics Recycling Ltd. (Hong Kong), ultimately
        controlled by John Swire & Sons Ltd. (“Swire”, United Kingdom), intend to acquire
        within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control
        over the whole of the undertaking ALBA Swire Plastics Recycling Ltd. (“JV”, Hong
        Kong) by way of purchase of shares. 3
2.      The business activities of the undertakings concerned are:
        −     ALBA is active in different areas of recycling, such as used glass, waste wood, e-
              waste, organic waste, waste paper, plastics, metals and residual waste,
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 348, 30.8.2021, 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---    −   Swire is a conglomerate that is active in various industries, including beverages
       and food chain, aviation, marine services, trading & industrial and property,
   −   The JV will be active in sourcing, collection, recovery, recycling and reprocessing
       of PET and high density polyethylene (“HDPE”) plastic waste in Asia.
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)
                                                   Olivier GUERSENT
                                                   Director-General
4  OJ C 366, 14.12.2013, p. 5.
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