CELEX: 32018M9146
Language: en
Date: 2018-11-16 00:00:00
Title: Commission Decision of 16/11/2018 declaring a concentration to be compatible with the common market (Case No COMP/M.9146 - ArcelorMittal S.A. / NSSMC / Essar Steel India Ltd.) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

EUROPEAN COMMISSION
                                                                Brussels, 16.11.2018
                                                                C(2018) 7730 final
                                                                            PUBLIC VERSION
                                                                To the notifying parties
Subject:        Case M.9146 - ARCELORMITTAL / NIPPON STEEL & SUMITOMO
                METAL CORPORATION / ESSAR STEEL INDIA
                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 17 October 2018, the European Commission received notification of a proposed
        concentration pursuant to Article 4 of the Merger Regulation by which the undertakings
        ArcelorMittal S.A. (‘ArcelorMittal’, Luxembourg), and Nippon Steel & Sumimoto Metal
        Corporation (‘NSSMC’, Japan) acquire within the meaning of Article 3(1)(b) of the
        Merger Regulation joint control of the whole of the undertaking Essar Steel India Ltd
        (‘Essar’, India) by way of purchase of shares.3
2.      The business activities of the undertakings concerned are:
              for Essar: integrated steel manufacturer with manufacturing facilities located in
                 India and Indonesia. Essar steel has no manufacturing facilities in the EEA. Essar’s
                 steel products are mainly sold on the domestic market in India but also worldwide,
                 including the EEA. These products include hot-rolled products (including quarto
                 plates), cold-rolled products, large diameter steel pipes, and surface coated
                 products. Essar is only active in flat carbon steel products, except welded pipes and
                 welded beams which are fabricated from flat sheets/coils,
              for ArcelorMittal: global steel and mining company, whose principal business is the
                 production, distribution, marketing, and sale of steel products. It produces a range
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 388, 26.10.2018, p. 13.
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---            of semi-finished and finished steel products, including flat and long carbon steel
           products. It supplies steel for various applications including automotive,
           construction, household appliances and packaging,
        for NSSMC: the manufacture and supply of steel products such as steel plate and
           sheets, steel bars and sections, wire rods, steel pipes and tubes, as well as stainless
           steel products and titanium products. Its products are primarily produced in Japan
           and its sales are focused on Asian markets, primarily 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 6 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.
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