CELEX: 32017M8302
Language: en
Date: 2017-01-05 00:00:00
Title: Commission Decision of 05/01/2017 declaring a concentration to be compatible with the common market (Case No COMP/M.8302 - KOCH INDUSTRIES / GUARDIAN INDUSTRIES) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

|[pic]                             |EUROPEAN COMMISSION                                                                                      |

                                        Brussels, 5.1.2017
                                        C(2016) 59 final

                                        [pic]

                                        To the notifying party

Dear Sirs,

Subject:    Case M.8302 – KOCH INDUSTRIES / GUARDIAN INDUSTRIES
         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 1 December 2016, the European Commission received notification of a proposed concentration pursuant to Article 4  of  Council  Regulation
    (EC) No 139/2004 by which Koch Industries, Inc. (United States) acquires within the meaning of Article  3(1)(b)  of  the  Merger  Regulation
    control of the whole of Guardian Industries Corp. (United States) by way of purchase of shares.[3]

 2. The business activities of the undertakings concerned are:

      –     for Koch Industries, Inc.: refining, chemicals and  biofuels,  forest  and  consumer  products,  fertilizers,  polymers  and  fibers,
           electronic components, process and pollution control equipment and technologies, commodity trading, minerals, energy,  ranching,  and
           investments.

      –     for Guardian Industries Corp.: worldwide in manufacturing float glass, fabricated glass products and coated injection moulded plastic
           parts for automotive and other applications, and in the United States distributing building materials for commercial and  residential
           applications.

 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) and 5(d)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 457, 8.12.2016, p. 14.
[4]   OJ C 366, 14.12.2013, p. 5.

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                                                                  PUBLIC VERSION