CELEX: 32015M7719
Language: en
Date: 2015-09-22 00:00:00
Title: Commission Decision of 22/09/2015 declaring a concentration to be compatible with the common market (Case No COMP/M.7719 - BARLOWORLD HANDLING / BAYWA / JV) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

|[pic]                             |EUROPEAN COMMISSION                                                                                      |

                                        Brussels, 22.9.2015
                                        C(2015) 6609 final

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|                                                                       |     To the notifying parties                                          |
|                                                                       |                                                                       |

Dear Sirs,

Subject:    Case M.7719 – BARLOWORLD HANDLING/ BAYWA/ 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 27 August 2015, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger  Regulation
    by which Barloworld Handling Limited (United Kingdom) and BayWa Aktien-gesellschaft (Germany) acquire within the meaning of Article  3(1)(b)
    and 3(4) of the  Merger Regulation joint control of a newly created company ("JVC") by way of purchase of shares.[3]

 2. The business activities of the undertakings concerned are:

      – For Barloworld Handling Limited: worldwide distribution of leading  international  brands  and  provision  of  integrated  rental,  fleet
        management, product support and logistics solutions for equipment and handling services (earthmoving, power systems,  materials  handling
        and agricultural equipment), and automotive services and logistics (car rental, fleet services, warehousing, etc.)

      – For BayWa Aktien-gesellschaft: agriculture (seeds, fertilisers  and  crop  protection  as  well  as  agricultural  machinery  equipment),
        building materials and energy

      – For JVC:  agricultural mechanisation equipment (including tractors, implements, harvesters, crop sprayers and bales) in Zambia and, at  a
        later stage, possibly other sub-Saharan jurisdictions.

 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 290, 4.9.2015, p. 11.

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

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                                                                  PUBLIC VERSION

                                                           SIMPLIFIED MERGER PROCEDURE