CELEX: 32020M9831
Language: en
Date: 2020-08-10 00:00:00
Title: Commission Decision of 10/08/2020 declaring a concentration to be compatible with the common market (Case No COMP/M.9831 - OMV / BOREALIS) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

EUROPEAN COMMISSION
                                                                Brussels,10.8.2020
                                                                C(2020) 5570 final
                                                                                 PUBLIC VERSION
                                                                To the notifying party
Subject:        Case M.9831 - OMV / BOREALIS
                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 6 July 2020, the European Commission received notification of a proposed
        concentration pursuant to Article 4 of the Merger Regulation by which OMV
        Aktiengesellschaft (‘OMV’, Austria) acquires sole control within the meaning of
        Article 3(1)(b) of the Merger Regulation over Borealis AG (‘Borealis’, Austria).
        Borealis is currently jointly controlled by OMV and Mubadala Investment Company,
        Abu Dhabi, UAE ("Mubadala", UAE).3
2.      The business activities of the undertakings concerned are:
             OMV is globally active in the exploration, development and production of oil and
              gas. It also operates refineries in Austria, Germany and Romania, which produce
              and sell LPG, jet fuel, naphtha, gasoline, diesel, light fuel oil, heavy fuel oil,
              sulphur and calcined coke; trades and sells gas and owns a pipe-line network and
              gas storage facilities in Austria.
             Borealis is active in the production and commercialisation of polyolefins, base
              chemicals and fertilisers.
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
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 249, 29.7.2020, 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---    paragraph 5(d) 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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