CELEX: 32019M9248
Language: en
Date: 2019-01-30 00:00:00
Title: Commission Decision of 30/01/2019 declaring a concentration to be compatible with the common market (Case No COMP/M.9248 - Sumitomo Corporation / Mahindra Agri Solutions Limited / JV) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

EUROPEAN COMMISSION
                                                                Brussels, 30.01.2019
                                                                C(2019) 798 final
                                                                            PUBLIC VERSION
                                                                To the notifying parties
Subject:        Case M.9248 - SUMITOMO / MAHINDRA / JV
                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 8 January 2019, 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 Mahindra Agri Solutions Limited
        (‘Mahindra’, India), belonging to the Mahindra Group (India), acquire within the meaning
        of Article 3(1)(b) and 3(4) of the Merger Regulation joint control of a newly created Joint
        Venture (‘JV’, India) by way of purchase of shares and contribution of assets. 3
2.      The business activities of the undertakings concerned are:
             − for Sumitomo: trading and investment company active in trading of metal products,
                 transportation and construction systems, environment and infrastructure, chemicals
                 and electronics, media, networks and lifestyle related goods, mineral resources,
                 energy and life sciences;
             − for Mahindra: technology and agricultural know-how, as well as agricultural inputs
                 (seeds, crop care, seed potato, and micro irrigation), agricultural output (fresh fruit,
                 pulses, and edible oils) and dairy advisory services;
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 20, 16.1.2019, p. 4.
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 the JV: manufacture, formulation, distribution, sale, purchase, marketing,
           import and export of agrochemical products, primarily in India and also in Nigeria
           and Tanzania. Mahindra will transfer to the JV its agrochemical business.
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
4  OJ C 366, 14.12.2013, p. 5.
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