CELEX: 32020M9707
Language: en
Date: 2020-02-20 00:00:00
Title: Commission Decision of 20/02/2020 declaring a concentration to be compatible with the common market (Case No COMP/M.9707 - APERAM ALLOYS IMPHY / TEKNA PLASMA EUROPE / IMPHYTEK POWDERS) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

EUROPEAN COMMISSION
                                                                Brussels, 20.2.2020
                                                                C(2020) 1111 final
                                                                                 PUBLIC VERSION
                                                                To the notifying parties
Subject:        Case M.9707 – Aperam Alloys Imphy/Tekna Plasma Europe/ImphyTek
                Powders
                Commission decision pursuant to Article 6(1)(b) of Council Regulation
                                       1
                (EC) No 139/2004 and Article 57 of the Agreement on the European
                                    2
                Economic Area
Dear Sir or Madam,
1.      On 24 January 2020, the European Commission received notification of a proposed
        concentration pursuant to Article 4 of the Merger Regulation by which, on the one
        hand, Aperam Alloys Imphy SAS, (‘Aperam’, Luxembourg), a fully-owned subsidiary
        of Aperam S.A and, on the other hand, Tekna Plasma Europe SAS (‘Tekna’,
        Norway), an indirect subsidiary of Arendals Fossekompani ASA, acquire within the
        meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control of
        ImphyTek Powders SAS (‘ImphyTek Powders’, France). The concentration is
        accomplished 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 Aperam: manufacturing and sales of stainless, electrical and specialty alloys
              steel, with customers in over 40 countries,
             For Tekna: manufacturing of atomisers and peripheral equipment to produce
              metallic powders,
             ImphyTek Powders: manufacturing and sales of nickel alloys powders.
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
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 38, 05.02.2020, p. 3.
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---    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.
                                                  For the Commission
                                                  (Signed)
                                                  Olivier GUERSENT
                                                  Director-General
4  OJ C 366, 14.12.2013, p. 5.
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