CELEX: 32020M9749
Language: en
Date: 2020-03-19 00:00:00
Title: Commission Decision of 19/03/2020 declaring a concentration to be compatible with the common market (Case No COMP/M.9749 - GLENCORE ENERGY UK / ORSTED LNG BUSINESS) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

EUROPEAN COMMISSION
                                                                Brussels, 19.3.2020
                                                                C(2020) 1856 final
                                                                                 PUBLIC VERSION
                                                                To the notifying party
Subject:        Case M.9749 – GLENCORE ENERGY UK / ORSTED LNG BUSINESS
                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 25 February 2020, the European Commission received notification of a proposed
        concentration pursuant to Article 4 of the Merger Regulation by which Glencore
        Energy UK Ltd, controlled by Glencore plc (“Glencore”, Switzerland) acquires within
        the meaning of Article 3(1)(b) of the Merger Regulation sole control of Ørsted’s LNG
        Business, controlled by Ørsted A/S (“Ørsted”, Denmark), by way of purchase of
        assets.3
2.      The business activities of the undertakings concerned are:
             for Glencore: it is a large global diversified natural resource company and a major
              producer and marketer of several commodities,
             for Ørsted’s LNG Business: it comprises contractual arrangements for liquefied
              natural gas (“LNG”) storage, re-gasification capacity and transmission services at
              the Gate Terminal in the Netherlands and a number of LNG sale and purchase
              agreements.
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
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 072, 5.3.2020, p. 8.
4       OJ C 366, 14.12.2013, p. 5.
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--- 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
                                              2