Commission Decision of 02/12/2011 declaring a concentration to be compatible with the common market (Case No COMP/M.6235 - HONEYWELL / SINOCHEM / JV) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic) |EUROPEAN COMMISSION | Brussels , 02.12.2011 C(2011) 9131 PUBLIC VERSION SIMPLIFIED MERGER PROCEDURE To the notifying parties: | Dear Madam(s) and/or Sir(s), Subject: Case No COMP/M.6235 - HONEYWELL/ SINOCHEM/ JV Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC) No 139/2004 [1] 1. On 28 October 2011, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by which Honeywell International Inc.
("Honeywell", USA) and Sinochem Lantian Company Ltd. ("Sinochem Lantian", China) part of Sinochem Group (China) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of Sinochem Lantian Honeywell New Materials Co. Ltd ('JV', China), by way of purchase of shares into newly created company constituting a joint venture [2] . 2. The business activities of the undertakings concerned are: – for Honeywell: active in aerospace products and services, automation and control solutions, speciality materials and transportation and power systems; – for Sinochem Lantian: active in R&D and production of chemicals, pharmaceutical distribution, engineering design, production of pesticides and real estate development.
Sinochem Lantian is part of Sinochem Group, which has activities in various sectors, including chemicals, energy, financial and real estate; – for JV: manufacture of HFC-245fa, a blowing agent which will be mainly sold for closed-cell polyurethane foam insulation purposes. The JV will be exclusively active in Asia 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 [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 323, 08.11.2011, p.11 [3] OJ C 56, 5.3.2005, p. 32.