CELEX: 32016M8153
Language: en
Date: 2016-10-03 00:00:00
Title: Commission Decision of 03/10/2016 declaring a concentration to be compatible with the common market (Case No COMP/M.8153 - WILMAR / BUNGE / BUNGE INDO-CHINA HOLDINGS) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

|[pic]                             |EUROPEAN COMMISSION                                                                                      |

                                        Brussels, 3.10.2016
                                        C(2016) 6457 final

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|                                                                       |To the notifying parties:                                              |

Dear Sirs,

Subject:    Case M.8153 – WILMAR / BUNGE / BUNGE INDO-CHINA HOLDINGS
         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 8 September 2016, the European Commission received notification of a proposed concentration pursuant to Article 4 of  Council  Regulation
    (EC) No 139/2004 by which the undertakings Siteki Investments Pte Ltd ("Siteki", Singapore), belonging to  the  group  Wilmar  International
    Limited ("Wilmar", Singapore), and Bunge Agriculture Singapore Pte Ltd ("BAS", Singapore), belonging to the group  Bunge  Limited  ("Bunge",
    United States of America), acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control  of  the  undertaking  Bunge
    Indo-China Holdings Pte. Ltd. ("BIC", Vietnam), currently solely controlled by BAS, by way of purchase of shares.[3]

 2. The business activities of the undertakings concerned are:

  – for Wilmar group: agribusiness with activities in oil palm cultivation, oilseed crushing, edible oil refining, sugar milling  and  refining,
    specialty fats, oleochemicals, biodiesel and fertiliser manufacturing as well as flour and rice milling.

  – for Bunge group: food and agribusiness company with activities in the purchase, storage and processing of grains  and  oilseeds,  production
    and sale of sugar and bioenergy, production and sale of edible oils and fats, creation of milled wheat, corn and rice products for consumers
    and the production, blend and distribution of fertiliser products for agriculture.

  – for BIC: import of raw soybeans, crushing of soybeans for the production of crude soybean oil, soybean hull, soybean  meal  and  feed  grade
    lecithin for sale to customers in Vietnam.

 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 339, 16.9.2016, p. 10.
[4]   OJ C 366, 14.12.2013, p. 5.

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                                                                  PUBLIC VERSION

                                                           SIMPLIFIED MERGER PROCEDURE