CELEX: 32014M7117
Language: en
Date: 2014-02-06 00:00:00
Title: Commission Decision of 06/02/2014 declaring a concentration to be compatible with the common market (Case No COMP/M.7117 - ARCHER DANIELS MIDLAND / ATR LANDHANDEL / JV) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

|[pic]                             |EUROPEAN COMMISSION                                                                                      |

                                        Brussels, 6.2.2014
                                        C(2014) 774 final

|PUBLIC VERSION                                   |
|                                                 |
|SIMPLIFIED MERGER PROCEDURE                      |

|                                                                       |To the notifying parties                                               |

Dear Madam(s) and/or Sir(s),

Subject:    Case COMP/M.7117 - ARCHER DANIELS MIDLAND/ ATR LANDHANDEL/ JV
         Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC) No 139/2004[1]

 1. On 14 January 2014, the European Commission received a notification of a  proposed  concentration  pursuant  to  Article  4  of  the  Merger
    Regulation by which ADM Hamburg Aktiengesellschaft, Hamburg ("ADM Hamburg", Germany), controlled by Archer Daniels Midland  Company  ("ADM",
    United States) and ATR Landhandel GmbH & Co. KG, Ratzeburg ("ATR", Germany) intend to acquire within the meaning of Article 3(1)(b)  of  the
    Merger Regulation joint control of RGL (Rostocker Getreide Lager) GmbH, Rostock ("RGL", Germany) by way of purchase of  shares  in  a  newly
    created company constituting a joint venture.[2]

 2. The business activities of the undertakings concerned are:

      – for ADM: the processing of agricultural commodities and the manufacturing of food and feed ingredients.  ADM  also  has  a  global  grain
        elevator and transportation network to procure, store, clean and transport agricultural commodities such as oilseeds, corn, wheat,  milo,
        oats and barley as well as processed agricultural commodities,

      – for ATR: the origination and trading of agricultural products such as grains and oilseeds, as well as the sale of  agricultural  supplies
        such as seeds, fertilizers, pesticides and animal feed compound,

      – for RGL: the operation of a silo for the storage and handling of agricultural goods in the Rostock seaport (Germany).

 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.[3]

 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.

                                        For the Commission
                                        (signed)
                                        Alexander ITALIANER
                                        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]   Publication in the Official Journal of the European Union No C 17, 21.1.2014, p. 13.

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