CELEX: 32015M7704
Language: en
Date: 2015-09-09 00:00:00
Title: Commission Decision of 09/09/2015 declaring a concentration to be compatible with the common market (Case No COMP/M.7704 - WILMAR INTERNATIONAL / FOX PETROLI / JV) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

|[pic]                             |EUROPEAN COMMISSION                                                                                      |

                                        Brussels, 9.9.2015
                                        C(2015) 6289 final

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                                        To the notifying parties

Dear Sirs,

Subject:    Case M.7704 - WILMAR INTERNATIONAL/ FOX PETROLI/ JV
         Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC) No 139/2004[1] and Article 57 of the Agreement on the
         European Economic Area[2]

 1. On 10 August 2015, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger  Regulation
    by which the undertakings Wilmar International Limited ("Wilmar", Singapore) and Fox Petrolifera Italiana SpA ("Fox Petroli", Italy) acquire
    within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control in a newly established joint venture ("JV", Italy)  by
    way of purchase of shares.[3]

 2. The business activities of the undertakings concerned are:

    - The Wilmar Group’s business activities include oil palm cultivation, oilseed crushing, edible oils refining, sugar milling  and  refining,
           specialty fats, oleochemical, biodiesel and fertilizer manufacturing, and grain processing;

    - Fox Petroli engages in the transport, storage, processing and marketing of oil products, green fuels, and various relevant byproducts.  It
           also operates a biodiesel manufacturing facility;

    -      JV will be active in originating, manufacturing, and processing of raw materials, and  production,  distribution,  and  marketing  of
           biodiesel and its byproducts in the EEA.

 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) and 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

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[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 274, 19.08.2015, p. 3.

[4]   OJ C 366, 14.12.2013, p. 5.

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                                                                  PUBLIC VERSION

                                                           SIMPLIFIED MERGER PROCEDURE