CELEX: 32019M9172
Language: en
Date: 2019-04-17 00:00:00
Title: Commission Decision of 17/04/2019 declaring a concentration to be compatible with the common market (Case No COMP/M.9172 - Liberty House Group / ArcelorMittal Holding AG / Liege Steel Industry S.A.) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

EUROPEAN COMMISSION
                                                                Brussels, 17.4.2019
                                                                C(2019) 3151 final
                                                                                      PUBLIC VERSION
                                                                To the notifying parties
Subject:        Case M.9172 — Liberty House Group/ArcelorMittal Divestment Businesses
                Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC)
                                1                                                                             2
                No 139/2004 and Article 57 of the Agreement on the European Economic Area
Dear Sir or Madam,
1.      On 19 March 2019, the European Commission received notification of a proposed
        concentration pursuant to Article 4 of the Merger Regulation by which Liberty Steel East
        Europe (Bidco) Limited (UK), indirectly controlled by Mr Sanjeev Gupta, acquires within
        the meaning of Article 3(1)(b) of the Merger Regulation sole control of the whole of
        Galati/Skopje HoldCo (UK), ArcelorMittal Ostrava a.s. (Czechia), Paloma S.r.l. (Italy) and
        four steel service centres in Arcore, Rieti, Quarto Inferiore and Graffignana (Italy), and by
        which Liberty House Group Pte Ltd (Singapore), also indirectly controlled by Mr Sanjeev
        Gupta, acquires within the meaning of Article 3(1)(b) of the Merger Regulation sole
        control of the whole of Liège Steel Industry SA (Belgium) and ArcelorMittal
        Dudelange S.A. (Luxembourg). The concentration is accomplished by way of purchase of
        shares and assets.3
2.      The business activities of the undertakings concerned are:
        −     for Liberty Steel East Europe (Bidco) Limited and Liberty House Group Pte Ltd: part
              of Liberty House Group, a private group active in commodities, metals recycling, and
              the manufacture of steel, aluminium, and engineering products,
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 117, 29.3.2019, p. 10.
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---    −    for Galati/Skopje HoldCo: active in primary steel production and production of
        different flat carbon steel products in steel production facilities in Galati (Romania)
        and Skopje (North Macedonia),
   −    for ArcelorMittal Ostrava a.s.: active in primary steel production and production of
        flat, long and tubular carbon steel products in Ostrava (Czechia),
   −    for Paloma S.r.l.: active in the production of cold rolled, galvanised and organic coated
        flat carbon steel products in Italy, and in steel distribution through a steel service
        centre in Tillet (France),
   −    for Liège Steel Industry SA: active in the production of cold rolled, hot-dip galvanised
        flat carbon steel products and metallic coated steel for packaging with facilities in
        Tilleur and Flemalle (Belgium),
   −    for ArcelorMittal Dudelange S.A.: active in the production of hot-dip and electro
        galvanised flat carbon steel products and as a steel service centre in Dudelange
        (Luxembourg),
   −    for the steel service centres in Italy: active in steel distribution.
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.
5. This decision is without prejudice to the Commission’s decision on the suitability of
   Liberty House Group as purchaser of the ArcelorMittal Divestment Businesses, which are
   divested pursuant to the commitments submitted in case M.8444 – ArcelorMittal/ILVA,
   and of the Commission’s assessment of whether the terms of the divestiture are consistent
   with the Commission’s decision and the commitments in that case.
                                                       For the Commission
                                                       (Signed)
                                                       Johannes LAITENBERGER
                                                       Director-General
4  OJ C 366, 14.12.2013, p. 5.
                                                     2