CELEX: 32013M6963
Language: en
Date: 2013-07-25 00:00:00
Title: Commission Decision of 25/07/2013 declaring a concentration to be compatible with the common market (Case No COMP/M.6963 - ARCHER DANIELS MIDLAND COMPANY / GRAINCORP) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

Important legal notice

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32013M6963

Commission Decision of 25/07/2013 declaring a concentration to be compatible with the common market (Case No COMP/M.6963 - ARCHER DANIELS MIDLAND COMPANY / GRAINCORP) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)  

          |EUROPEAN COMMISSION |
             Brussels, 25.7.2013
             C(2013) 4960 final
            PUBLIC VERSION |
             |
            SIMPLIFIED MERGER PROCEDURE |
             |To the notifying party |
             Dear Madam(s) and/or Sir(s),
             Subject: Case No COMP/M.6963-ARCHER DANIELS MIDLAND COMPANY/ GRAINCORP  Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC) No 139/2004  [1] 
            1.  On 28 June 2013, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by which the undertaking Archer-Daniels-Midland ('ADM', US) acquires within the meaning of Article 3(1)(b) of the Merger Regulation sole control of the undertaking GrainCorp Limited ('GrainCorp', Australia), by way of purchase of shares. 
            2.  The business activities of the undertakings concerned are:
            –  ADM is a processor of oilseeds, corn, wheat, cocoa and other agricultural commodities and is a major manufacturer of vegetable oil, protein meal, corn sweeteners, flour, biodiesel, ethanol and other value added food and feed ingredients. ADM also has a global transportation network to procure, store, clean and transport agricultural commodities such as oilseeds, corn, wheat, milo, oats and barley as well as processed agricultural commodities;
            –  GrainCorp is a company with storage, handling and port operations on Australia’s east coast. GrainCorp is a global malt producer with operations in Australia, North America and Europe. It also markets grains and oilseeds worldwide including in the EEA. [2]  
            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(c)(i) of the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004. [3]  
            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.
             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]  Publication in the Official Journal of the European Union No C 196, 9.7.2013, p. 4.
            [3] OJ C 56, 5.3.2005, p. 32.