CELEX: 32016M8037
Language: en
Date: 2016-06-16 00:00:00
Title: Commission Decision of 16/06/2016 declaring a concentration to be compatible with the common market (Case No COMP/M.8037 - INCJ / SUMITOMO / SEKISUI / JV) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

|                                  |EUROPEAN COMMISSION                                                                                      |
|[pic]                             |                                                                                                         |

                                        Brussels, 16.6.2016
                                        C(2016) 3836 final

                                        [pic]

                                        [pic]

|                                                                       |To the notifying parties:                                              |

Dear Sirs,

Subject:    Case M.8037 – INCJ / SUMITOMO / SEKISUI / JV
         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]

 1. On 19 May 2016, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation  by
    which the undertakings Innovation Network Corporation of Japan ("INCJ", Japan), Sumitomo Chemical Co., Ltd. (“Sumitomo”, Japan), and Sekisui
    Chemical Co., Ltd. (“Sekisui”, Japan) acquire within the meaning of Article 3(1)(b) of the  Merger  Regulation  joint  control  of  a  newly
    created company constituting a joint venture ("JV", Japan) by way of purchase of shares. [3]

 2. The business activities of the undertakings concerned are:

      – for INCJ: promotion of innovation and buniness in Japan, review of various  investment  opportunities  in  the  areas  of  clean  energy,
        electronics, IT and biotechnology and infrastructure-related sectors such as water supply;

      – for Sumitomo: manufacturing and sale of a wide array  of  chemical  products,  including  petrochemicals,  plastics,  energy,  IT-related
        chemicals, health and crops, pharmaceuticals and others;

      – for Sekisui: manufacturing and sale of high performance plastics, urban infrastructure and environmental products, housing and others.

 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 188, 27.05.2016, p. 3.

[4]   OJ C 366, 14.12.2013, p. 5.

-----------------------

                                                                  PUBLIC VERSION

                                                           SIMPLIFIED MERGER PROCEDURE