Commission Decision of 06/05/2011 declaring a concentration to be compatible with the common market (Case No COMP/M.6204 - LINEA / DONALINK) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic) |EUROPEAN COMMISSION | Brussels , 6.5.2011 C(2011) 3217 final PUBLIC VERSION SIMPLIFIED MERGER PROCEDURE |To the notifying party: | Dear Madam(s) and/or Sir(s), Subject: Case No COMP/M.6204 – LINEA / DONALINK Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC) No 139/2004 [1] 1. On 05/04/2011, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by which Linea Ltd ("Linea", Bermuda) acquires within the meaning of Article 3(1)(b) of the Merger Regulation sole control over Donalink Limited ("Donalink", Cyprus) in which currently Linea, STI Limited ("STI", Jersey) and Altmirco Enterprises Limited ("Altmirco", Cyprus) are the shareholders.
The only operating company that Linea controls (indirectly) is OJSC MCC Eurochem Russia Agrochemicals ("Eurochem", Russia). The only operating company that Donalink controls is Open Joint Stock Company Siberian Coal Energy Company ("SUEK", Russia) [2] . 2. The business activities of the undertakings concerned are: - for Linea: investment holding. - for Eurochem: mining of minerals for fertilizers and the manufacture and sale of fertilizers. - for Donalink: investment holding. - for SUEK: coal mining activities in Russia, supply of coal to customers worldwide and power generation in Russia. 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(b) of the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004 [3] .
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. For the Commission (signed) Alexander ITALIANER Director General [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] Publication in the Official Journal of the European Union No C 117, 15/04/2011, p.22 [3] OJ C 56, 5.3.2005, p. 32.