CELEX: 32015M7468
Language: en
Date: 2015-01-16 00:00:00
Title: Commission Decision of 16/01/2015 declaring a concentration to be compatible with the common market (Case No COMP/M.7468 - OJI HOLDINGS / ITOCHU CORPORATION / SALES AND PRODUCTION JVS) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

|[pic]                             |EUROPEAN COMMISSION                                                                                      |

                                        Brussels, 16.1.2015
                                        C(2015) 251 final

                                        [pic]

                                        [pic]

To the notifying parties:

Subject:    Case M.7468 - OJI HOLDINGS/ ITOCHU CORPORATION/ SALES AND PRODUCTION JVS
         Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC) No 139/2004[1] and Article 57 of the Agreement on the
         European Economic Area[2]

Dear Madam(s) and/or Sir(s),

 1. On 11 December 2014, the European Commission received notification of  a  proposed  concentration  pursuant  to  Article  4  of  the  Merger
    Regulation by which the undertakings Itochu Enex Co., Ltd. ("Itochu Enex" of Japan) and Oji Green Resources Co., Ltd. ("Oji Green" of Japan)
    acquire within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control of a sales joint venture and of  a  production
    joint venture by way of purchase of shares in two newly created companies constituting joint ventures[3].

 2. The business activities of the undertakings concerned are:

    -      for Itochu Enex: sales of energy related products such as petroleum products, LP gas and other types of gas, electric power  as  well
         as vehicle-related products and services;

    - for Oji Green: sales of pulp and wood products, plantation and energy business;

    -      for the sales joint venture and for the production joint venture: production and retail supply of electricity in Japan.

 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)
                                        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 L 1, 3.1.1994, p.3 ("the EEA Agreement").

[3]       Publication in the Official Journal of the European Union No C 457, 19.12.2014, p. 20.
[4]   OJ C 366, 14.12.2013, p. 5.

-----------------------
                                                                  PUBLIC VERSION

                                                           SIMPLIFIED MERGER PROCEDURE