CELEX: 32016M7980
Language: en
Date: 2016-04-20 00:00:00
Title: Commission Decision of 20/04/2016 declaring a concentration to be compatible with the common market (Case No COMP/M.7980 - SUMITOMO / COSAN / BIOMASSA) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

|[pic]                             |EUROPEAN COMMISSION                                                                                      |

                                        Brussels, 20.4.2016
                                        C(2016) 2485 final

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|                                                                       |To the notifying parties                                               |

Dear Sirs,

Subject:    Case M.7980 - SUMITOMO / COSAN / BIOMASSA
         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 23 March 2016, the European Commission received notification of a proposed concentration pursuant to Article 4 of the  Merger  Regulation
    by which the undertakings Sumitomo Corporation ("Sumitomo", Japan) and Cosan S. A. Indústria e Comércio ("Cosan", Brasil) acquire within the
    meaning of Article 3(1)(b) of the Merger Regulation joint control of the undertaking Biomassa S A. ("Biomassa", Brasil) by way  of  purchase
    of shares.[3]

 2. The business activities of the undertakings concerned are:

  – for Sumitomo: trading of metal products,  transportation  and  construction  of  systems,  environment  and  infrastructure,  chemicals  and
    electronics, media, networks and lifestyle related goods, mineral resources and energy.

  – for Cosan: manufacturing and trading of sugar and ethanol, the co-generation of  electricity  from  sugarcane  bagasse,  logistics  services
    (including transportation, port terminal loading and storage), the production and  distribution  of  lubricants,  fuel  distribution,  piped
    natural gas distribution to part of the State of Sao Paulo, and agricultural real property holdings in Brazil.

  – for Biomassa: production and commercialization of sugarcane pellets made from sugarcane bagasse and straw.

 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
                                        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 121, 06.04.2016, p. 10.

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

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                                                                  PUBLIC VERSION

                                                           SIMPLIFIED MERGER PROCEDURE