CELEX: 32018M8856
Language: en
Date: 2018-05-18 00:00:00
Title: Commission Decision of 18/05/2018 declaring a concentration to be compatible with the common market (Case No COMP/M.8856 - ARCHER DANIELS MIDLAND / CARGILL / JV EGYPT) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

EUROPEAN COMMISSION
                     
                  
               
               Brussels, 18.05.2018
            
            
               C(2018) 3214 final
            
            
               
                  To the notifying parties
               
            
               Subject:Case M.8856 - ARCHER DANIELS MIDLAND / CARGILL / JV EGYPT
                  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 Sir or Madam,
            
            
               1.On 16 April 2018, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by which the undertakings Archer Daniels Midland Europe B.V. (‘ADM’, The Netherlands) and Cargill International Luxembourg 2 Sàrl (‘Cargill’, Luxembourg) acquire within the meaning of Article 3(1)(b) and Article 3(4) of the Merger Regulation joint control over the whole of the undertaking National Vegetable Oils Co (‘NVOC’, Egypt) by way of a purchase of shares.
                  3
               
            
            
               2.The business activities of the undertakings concerned are:
            
            
               -for ADM, processing of oilseeds, corn, sugar, wheat and other agricultural commodities and a manufacturer of vegetable oils and fats, vegetable protein, meal, corn, sweeteners, flour, biodiesel, ethanol, and other value added food and feed ingredients,
            
            
               -for Cargill, international production and marketing of food, and agricultural and risk management products and services. Cargill’s businesses include grain and commodity merchandising, oilseed and grain processing and refining, flour milling, meat processing and financial services,
            
            
               -for NVOC, a soybean oil crush facility, that produces and sells crude soybean oil, soybean meal and soybean hulls in the Egyptian market.
            
            
               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
            
            
         
         
            
                  
                     (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 143, 24.04.2018, p. 10.
               
               
                  
                     (4)
                  
                  
                      
                           OJ C 366, 14.12.2013, p. 5.