CELEX: 32019M9605
Language: en
Date: 2019-12-03 00:00:00
Title: Commission Decision of 03/12/2019 declaring a concentration to be compatible with the common market (Case No COMP/M.9605 - DAK AMERICAS / LOTTE CHEMICAL UK) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

EUROPEAN COMMISSION
                                                                Brussels, 3.12.2019
                                                                C(2019) 8787 final
                                                                                 PUBLIC VERSION
                                                                To the notifying parties
Subject:        Case M.9605 – DAK AMERICAS / LOTTE CHEMICAL UK
                Commission decision pursuant to Article 6(1)(b) of Council Regulation
                                       1
                (EC) No 139/2004 and Article 57 of the Agreement on the European
                                    2
                Economic Area
Dear Sir or Madam,
1.      On 4 November 2019, the European Commission received notification of a proposed
        concentration pursuant to Article 4 of the Merger Regulation by which the
        undertaking DAK Americas Exterior, S.L. (‘DAK Americas’, Spain), ultimately
        controlled by ALFA, S.A.B. de C.V. (‘ALFA Group’, Mexico), acquires within the
        meaning of Article 3(1)(b) of the Merger Regulation control over the whole of the
        undertaking Lotte Chemical UK Limited (‘Lotte UK’, United Kingdom) by way of
        purchase of shares.3
2.      The business activities of the undertakings concerned are:
             DAK Americas is part of the ALFA Group, an industrial conglomerate
              headquartered in Mexico, active in a range of areas including polyester, plastics
              and chemicals, aluminium auto components, refrigerated foods, and IT &
              telecoms,
             Lotte UK is active in the manufacture of polyethylene terephthalate (PET) resin.
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 382, 11.11.2019, p. 25.
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--- 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(c) 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)
                                                  Cecilio MADERO VILLAREJO
                                                  Acting Director-General
4  OJ C 366, 14.12.2013, p. 5.
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