CELEX: 32019M9549
Language: en
Date: 2019-10-21 00:00:00
Title: Commission Decision of 21/10/2019 declaring a concentration to be compatible with the common market (Case No COMP/M.9549 - BP GROUP / BUNGE GROUP / BP BUNGE BIOENERGIA) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

EUROPEAN COMMISSION
                                                                Brussels,21.10.2019
                                                                C(2019) 7638 final
                                                                        PUBLIC VERSION
                                                                To the notifying parties
Subject:        Case M.9549 – BP GROUP / BUNGE GROUP / BP BUNGE
                BIOENERGIA
                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 18 September 2019, the European Commission received notification of a proposed
        concentration pursuant to Article 4 of the Merger Regulation by which BP plc (‘BP’,
        United Kingdom), and Bunge Limited (‘Bunge’, USA), acquire within the meaning of
        Article 3(1)(b) and 3(4) of the Merger Regulation joint control of BP Bunge
        Bioenenergia SA (‘Brazil’). The concentration is accomplished by way of purchase of
        shares and assets in a newly created company constituting a joint venture. 3
2.      The business activities of the undertakings concerned are:
              BP is a global group, headquartered in the United Kingdom and active in the
                 exploration, development and production of oil and gas,
              Bunge is a US listed group operating in the agri-food sector. Its main activities
                 include trading in oil seeds and cereal, grains, seed pressing and the production
                 and marketing of edible oils,
              BP Bunge Bioenergia S.A. will be involved in sugar cane cultivation,
                 production and sales of cane sugar, production and sales of bioethanol and
                 power co-generation from sugar cane bagasse. All these activities will be
                 carried out in Brazil.
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 341, 09.10.2019, p. 7.
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--- 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 139/2004.4
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)
                                                  Cecilio MADERO VILLAREJO
                                                  Acting Director-General
4  OJ C 366, 14.12.2013, p. 5.
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