CELEX: 32016M7943
Language: en
Date: 2016-04-20 00:00:00
Title: Commission Decision of 20/04/2016 declaring a concentration to be compatible with the common market (Case No COMP/M.7943 - DOW / DCC) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

|[pic]                             |EUROPEAN COMMISSION                                                                                      |

                                        Brussels, 20.4.2016
                                        C(2016) 2484 final

                                        [pic]

|To the notifying party:                                                |
|                                                                       |

Dear Sirs,

Subject:    Case M.7943 - DOW / DCC
         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 23 March 2016, the European Commission received notification of a proposed concentration pursuant to Article 4 of the  Merger  Regulation
    by which the undertaking The Dow Chemical Company ("Dow", USA) acquires within the meaning of  Article  3(1)(b)  of  the  Merger  Regulation
    control of the whole of Dow Corning Corporation ("DCC", USA), currently controlled equally by Dow and by Corning Inc.  ("Corning",  USA)  by
    way of purchase of shares.[3]

 2. The business activities of the undertakings concerned are:

      – for Dow: diversified chemicals with primary activities in agricultural sciences, performance plastics and chemicals, and hydrocarbon  and
        energy products and services. Dow currently holds 50% of the shares of DCC;

      – for DCC: silicone-based technology and innovation with primary activities in development and production of polymers and  other  materials
        based on silicone chemistry. DCC is currently a 50/50 joint venture between Dow and Corning.

 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(d) 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
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[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 117, 2.4.2016, p. 11.

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

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                                                                  PUBLIC VERSION

                                                           SIMPLIFIED MERGER PROCEDURE