CELEX: 32018M8968
Language: en
Date: 2018-07-11 00:00:00
Title: Commission Decision of 11/07/2018 declaring a concentration to be compatible with the common market (Case No COMP/M.8968 - H.I.G. Capital / INEOS) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

EUROPEAN COMMISSION
                                                                Brussels, 11.7.2018
                                                                C(2018) 4701 final
                                                                        PUBLIC VERSION
                                                                To the notifying party:
Subject:        Case M.8968 - HIG CAPITAL / INEOS (BALEYCOURT BUSINESS & ICT
                BUSINESS)
                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 18 June 20018, the European Commission received notification of a proposed
        concentration pursuant to Article 4 of the Merger Regulation by which the undertaking
        H.I.G. Capital LLC ("H.I.G. Capital", US) through its portfolio company Valtris Specialty
        Chemicals Limited ("Valtris", UK) acquire within the meaning of Article 3(1)(b) of the
        Merger Regulation control over the whole of the undertakings INEOS Enterprises France
        SAS (France), INEOS Champlor SAS (France) and certain assets held within INEOS
        Enterprises Group Limited (IEGL) (together "the Baleycourt business") and INEOS
        ChloroToluenes Limited ("the ICT business", UK) by way of purchase of shares and
        assets.3
2.      The business activities of the undertakings concerned are:
          –        H.I.G. Capital is a global private equity and alternative asset investment firm. It is
                   active, through its portfolio company Valtris, in the production and supply of
                   specialty chemicals, primarily polymer additives.
          –        The Baleycourt business is active in the production and supply of biodiesel and
                   edible oils and their by-products, and esters, a type of plasticizer.
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 220, 25.06.2018, p. 9.
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 ICT business is active in the production and supply of chlorinated toluene
             derivatives and related chemical intermediates.
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)
                                                    Johannes LAITENBERGER
                                                    Director-General
4  OJ C 366, 14.12.2013, p. 5.
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