CELEX: 32022M10448
Language: en
Date: 2022-01-24 00:00:00
Title: Commission Decision of 24/01/2022 declaring a concentration to be compatible with the common market (Case No COMP/M.10448 - MABANAFT / H&R / P2X) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

EUROPEAN COMMISSION
                                                                 Brussels, 24/01/2022
                                                                 C(2022) 478 final
                                                                                 PUBLIC VERSION
                                                                Mabanaft GmbH & Co. KG
                                                                Koreastraße 7
                                                                20457 Hamburg
                                                                Germany
                                                                H&R Group Finance GmbH
                                                                Am Sandtorkai 50
                                                                20457 Hamburg
                                                                Germany
Subject:        Case M.10448 - MABANAFT / H&R / P2X
                Commission decision pursuant to Article 6(1)(b) of Council Regulation
                (EC) No 139/20041 and Article 57 of the Agreement on the European
                Economic Area2
Dear Sir or Madam,
1.      On 22 December 2021, following a referral pursuant to Article 4(5) of the Merger
        Regulation the European Commission received notification of a proposed
        concentration pursuant to Article 4 by which Mabanaft GmbH & Co. KG
        (“Mabanaft”, Germany), belonging to the Marquard & Bahls Group, whose ultimate
        parent is Marquard & Bahls AG (Germany), and H&R GmbH & Co. KGaA (“H&R”,
        Germany), as the ultimate parent company of the H&R Group, acquire within the
        meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control of P2X-
        Europe GmbH & Co. KG (“P2X”, Germany), by way of contract or any other means.3
2.      The business activities of the undertakings concerned are:
             for Mabanaft: Mabanaft is part of Marquard & Bahls Group which is active in the
              supply, trading and logistics of energy, petroleum products and chemicals,
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 8, 07.1.2022, p. 2.
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---        for H&R: H&R is part of H&R Group. The main activities of H&R Group
        comprise the development, production, filling and marketing of specialty
        chemical-pharmaceutical products based on crude oil such as process oils,
        plasticizers, white oils, base oils and paraffins,
       for P2X: P2X’ activities concern the so-called PtX technology and business. PtX
        stands for energy conversion processes that are used to convert preferably
        renewable sources of power to synthetic end products such as gases, liquids,
        chemical products or heat. PtX plants can produce synthetic hydrocarbons from
        water and carbon dioxide using electrical energy. Possible PtX products are, for
        example, synthetic and climate-neutral e-fuels such as petrol, diesel, jet fuel or
        waxes.
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)
                                                       Olivier GUERSENT
                                                       Director-General
4  OJ C 366, 14.12.2013, p. 5.
                                                 2