Commission Decision of 14/12/2011 declaring a concentration to be compatible with the common market (Case No COMP/M.6431 - EVONIK DEGUSSA / TREIBACHER INDUSTRIES / JV) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic) |EUROPEAN COMMISSION | Brussels , 14.12.2011 PUBLIC VERSION C(2011)9766 SIMPLIFIED MERGER PROCEDURE To the notifying parties: Dear Madam(s) and/or Sir(s), Subject: Case No COMP/M.6431 - EVONIK DEGUSSA/ TREIBACHER INDUSTRIES/ JV Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC) No 139/2004 [1] 1. On 14 November 2011, the European Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 by which the undertakings Evonik Industries AG ("Evonik", Germany) and Treibacher Industrie AG ("Treibacher", Austria) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of a newly created company constituting a joint venture ("JV", Germany) by way of purchase of shares.
2. The business activities of the undertakings concerned are: - for Evonik: production of specialty chemicals. - for Treibacher: production of chemical and metallurgical products. - for JV: production and sale of certain persalts, specifically sodium perborate and sodium percarbonate, chemicals mainly used in synthetic detergents and washing powders. [2] . 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 339, 19.11.2011, p. 23. [3] OJ C 56, 5.3.2005, p. 32.