CELEX: 32015M7753
Language: en
Date: 2015-09-24 00:00:00
Title: Commission Decision of 24/09/2015 declaring a concentration to be compatible with the common market (Case No COMP/M.7753 - SACYR / FLUOR CORPORATION / FLUOR SPAIN) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

|[pic]                             |EUROPEAN COMMISSION                                                                                      |

                                        Brussels, 24.9.2015
                                        C(2015) 6709 final

                                        [pic]

|                                                                       |To the notifying parties:                                              |

Dear Sirs,

Subject:    Case M.7753 - SACYR/ FLUOR CORPORATION/ FLUOR SPAIN
         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 28/08/2015, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger  Regulation  by
    which the undertakings Sacyr Industrial, S.L.U. (‘Sacyr’, Spain) and Fluor Corporation (United States) acquire within the meaning of Article
    3(1)(b) and Article 3(4) of the Merger Regulation joint control of Fluor, S.A. (‘Fluor Spain’, Spain) by way of purchase of shares.[3]

 2. The business activities of the undertakings concerned are:

      – for Sacyr Industrial: active in the construction, maintenance and operation of public infrastructure concessions  and  operates  in  more
        than 20 countries besides Spain,

      – for Fluor Corporation: provides engineering, procurement, construction, maintenance and project management services at the global  level,
        both independently and on a fully integrated basis, ranging from basic consulting activities to  complete  design-built  and  maintenance
        contracts,

      – for Fluor Spain: provider of engineering, procurement, construction and construction management services  in  the  oil  and  gas  sector,
        mainly in the Spanish territory.

 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)
                                        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 293, 05.9.2015, p. 4.

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

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                                                                  PUBLIC VERSION

                                                           SIMPLIFIED MERGER PROCEDURE