CELEX: 32020M9649
Language: en
Date: 2020-03-06 00:00:00
Title: Commission Decision of 06/03/2020 declaring a concentration to be compatible with the common market (Case No COMP/M.9649 - TSR RECYCLING / SIMS METAL MANAGEMENT (CERTAIN RECYCLING ASSETS)) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

EUROPEAN COMMISSION
                                                                Brussels, 06.03.2020
                                                                C(2020) 1566 final
                                                                            PUBLIC VERSION
                                                                To the notifying party
Subject:        Case M.9649 – TSR RECYCLING / SIMS METAL MANAGEMENT
                (CERTAIN RECYCLING ASSETS)
                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 10 February 2020, the European Commission received notification of a proposed
        concentration pursuant to Article 4 of the Merger Regulation by which TSR Recycling
        GmbH & Co. KG and TSR Recycling Holding GmbH (together ‘TSR Recycling’,
        Germany), belonging to the Remondis group (Germany), which is ultimately
        controlled by Rethmann SE & Co. KG (Germany), acquires within the meaning of
        Article 3(1)(b) of the Merger Regulation sole control of the whole of Mirec B.V.
        (Netherlands), Sims M+R GmbH (Germany), Sims Recycling Solutions AB
        (Sweden), Sims Recycling Solutions Austrian Holdings GmbH (Austria) (together the
        ‘Target Companies’), all belonging to Sims Metal Management Limited (US) by way
        of purchase of shares.3
2.      The business activities of the undertakings concerned are:
             TSR Recycling: trading and processing of secondary raw material for steel
              producers and the foundry industry. TSR Recycling collects, stores and processes
              metal and electronic scrap. TSR Recycling also offers waste disposal and
              environmental services. TSR Recycling operates recycling facilities in Germany
              and across Europe,
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 56, 19.2.2020, p. 8.
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---        Target Companies: electronic recycling and processing of metal mixtures from
        different recycling processes. The Target Companies operate facilities in
        Bergkamen (Germany), Eindhoven (Netherlands), Sint Niklaas (Belgium),
        Mullendorf (Austria) and Katrinenholm (Sweden).
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)
                                                  Olivier GUERSENT
                                                  Director-General
4  OJ C 366, 14.12.2013, p. 5.
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