CELEX: 32019M9247
Language: en
Date: 2019-02-28 00:00:00
Title: Commission Decision of 28/02/2019 declaring a concentration to be compatible with the common market (Case No COMP/M.9247 - Mitsubishi Corporation / ELG Haniel GmbH) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

EUROPEAN COMMISSION
                                                                Brussels, 28.02.2019
                                                                C (2019) 1785 final
                                                                          PUBLIC VERSION
                                                                To the notifying parties:
Subject:        Case M.9247 - MC / FRANZ HANIEL / ELG
                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 6 February 2019, the European Commission received notification of a proposed
        concentration pursuant to Article 4 of the Merger Regulation by which Mitsubishi
        Corporation (“MC”, Japan) and ELG Haniel GmbH (“ELG”, Germany), solely controlled
        by Franz Haniel & Cie. GmbH (“Franz Haniel”, Germany), acquire within the meaning of
        Articles 3(1)(b) and 3(4) of the Merger Regulation joint control of the whole of ELG
        Carbon Fibre Limited (“ECF”, United Kingdom), currently exclusively controlled by Franz
        Haniel. The concentration is accomplished by way of purchase of shares.3
2.      The business activities of the undertakings concerned are:
             for MC: development and businesses operations across a variety of industries,
              including environment and infrastructure, manufacturing, finance, energy, metals,
              machinery, chemicals, and food;
             for ELG: trading, processing, and recycling of raw materials for the stainless steel
              industry as well as high-performance materials such as carbon fibre;
             for ECF: recycling of carbon fibre from manufacturing waste and end-of-life
              composite components, manufacture of recycled carbon fibre products.
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(b) of
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 057, 13.02.2019, p. 28.
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---    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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