CELEX: 32016M7844
Language: en
Date: 2016-01-26 00:00:00
Title: Commission Decision of 26/01/2016 declaring a concentration to be compatible with the common market (Case No COMP/M.7844 - ACEK / SUMITOMO / JV) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

|[pic]                             |EUROPEAN COMMISSION                                                                                      |

                                        Brussels, 26.1.2016
                                        C(2016) 504 final

|PUBLIC VERSION                                   |
|                                                 |
|SIMPLIFIED MERGER PROCEDURE                      |

|                                                                       |To the notifying parties:                                              |

Dear Sirs,

Subject:    Case M.7844 - ACEK / SUMITOMO / JV
         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 22 December 2015, the European Commission received notification of  a  proposed  concentration  pursuant  to  Article  4  of  the  Merger
    Regulation by which the undertaking Dongguan Summit Metal Products Co., Ltd (China), belonging to the group headed by  Sumitomo  Corporation
    (Japan) and Gonvarri Corporación Financiera, S.L., (Spain) belonging to the group headed by  Acek  Desarrollo  y  Gestión  Industrial,  S.L.
    (Spain), acquire within the meaning of Article 3(1)(b) and 3(4) of  the   Merger  Regulation  joint  control  of  Dongguan  Gonvarri  Summit
    Automotive Steel Processing Center Co., Ltd. (China), a newly created joint venture ('JV'), by way of purchase of shares in a newly  created
    company constituting a joint venture.[3]

 2. The business activities of the undertakings concerned are:

       – for Sumitomo: group active in the supply of a broad range of products such as metal products including steel sheets, transportation  and
         construction systems, environment and infrastructure, media, networks and life-style related  goods  and  services,  mineral  resources,
         energy, chemicals and electronics;

       – for Acek: group active in the operation of steel service centers, manufacture and supply of automotive components, metal components  for
         wind turbines, and other activities in the alternative energies field;

       – for the JV: steel service center active in the People's Republic of China in the production and distribution of metal products,  and  in
         particular in the blanking of metal products.

 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

-----------------------
[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 001, 5.1.2016, p. 3.

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