CELEX: 32017M8422
Language: en
Date: 2017-08-01 00:00:00
Title: Commission Decision of 01/08/2017 declaring a concentration to be compatible with the common market (Case No COMP/M.8422 - CHEMCHINA / AKC / JVs) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

EUROPEAN COMMISSION
                     
                  
               
               Brussels, 1.8.2017 
            
            
               C(2017) 5539 final
            
            
                     
                        PUBLIC VERSION
                     
                  
               
            
               To the notifying parties: 
            
            
            
               Subject:Case M. 8422 – CHEMCHINA / AKC / JVs 
                  Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC) No 139/2004
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                and Article 57 of the Agreement on the European Economic Area
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               Dear Sir or Madam,
            
            
               1.On 6 July 2017, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by which the undertakings China National Bluestar Group Co. Ltd (‘Bluestar Group’, China), belonging to China National Chemical Corporation (‘ChemChina’, China), and Asahi Kasei Corporation (‘AKC’, Japan) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of two newly created companies constituting a joint venture (the ‘JVs’) by way of purchase of shares and contribution of assets.
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               2.The business activities of the undertakings concerned are:
            
            
               -for ChemChina: production of a wide range of chemical products, globally;
            
            
            
               -for AKC: production of fibres, chemical products, electronics materials, pharmaceutical products, medical devices, and housing, globally;
            
            
            
               3.The two joint ventures will be active, respectively, in the research, development and production, and in the marketing and sale of a number of chemical products in China.
            
            
               4.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.
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               5.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 226, 14.07.2017, p. 18.
               
               
                  
                     (4)
                  
                  
                      
                           OJ C 366, 14.12.2013, p. 5.