CELEX: 32018M9177
Language: en
Date: 2018-12-17 00:00:00
Title: Commission Decision of 17/12/2018 declaring a concentration to be compatible with the common market (Case No COMP/M.9177 - Metal One Corporation / Sumitomo Corporation / Metal One Pipe & Tubular Products) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

EUROPEAN COMMISSION
                                                                Brussels, 17.12.2018
                                                                C(2018) 9084 final
                                                                        PUBLIC VERSION
                                                                To the notifying parties
Subject:        Case M.9177 - Sumitomo/Metal One/JV
                Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC)
                                1                                                                             2
                No 139/2004 and Article 57 of the Agreement on the European Economic Area
Dear Sir or Madam,
1.      On 19 November 2018, the European Commission received notification of a proposed
        concentration pursuant to Article 4 of the Merger Regulation by which Sumitomo (Japan)
        and Metal One (Japan), controlled by the Mitsubishi corporation (Japan) acquire within the
        meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control of Metal One
        Pipe & Tubular Products Inc. (Japan). Metal One Pipe & Tubular Products Inc. is
        previously solely-controlled by Metal One. The concentration is accomplished by way of
        purchase of shares.3
2.      The business activities of the undertakings concerned are:
             Sumitomo: an integrated trading and investment company which is active in various
              sectors such as (i) metal products; (ii) transportation and construction systems; (iii)
              infrastructure; (iv) media and digital related products; (v) living related and real estate;
              and (vi) mineral resources, energy, chemicals and electronics,
             Metal One: an integrated steel trading company which supplies various steel products
              in Japan and internationally,
             Metal One Pipe & Tubular Products Inc.: wholesale steel pipe and piping equipment
              distribution.
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 428, 27.11.2018, 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--- 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.
                                                  2