Commission Decision of 21/03/2012 declaring a concentration to be compatible with the common market (Case No COMP/M.6489 - SAINT-GOBAIN / TRAKYA / SISECAM / JV) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic) |EUROPEAN COMMISSION | Brussels , 21.03.2012 C(2012) 2006 PUBLIC VERSION SIMPLIFIED MERGER PROCEDURE |To the notifying parties: | Dear Madam(s) and/or Sir(s), Subject: Case No COMP/M.6489 – SAINT-GOBAIN/ TRAKYA/ SISECAM/ JV Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC) No 139/2004 [1] 1. On 16 February 2012, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by which the undertaking Saint-Gobain Glass France, a subsidiary of Compagnie de Saint- Gobain S.A.
(“Saint-Gobain”), through Saint-Gobain Sekurit France, and Trakya Cam Sanayii A.Ş. (“Trakya”), a subsidiary of Turkiye Sise ve Cam Fabrikalari A.S. (“Sisecam”), acquire joint control, within the meaning of Article 3(1)(b) of the Council Regulation, of TRSG Autoglass Holding BV, which will then acquire 100% of Automotive Glass Alliance Rus ZAO ("AGAR") and create Automotive Glass Alliance Rus Trading ZAO ("AGART"). 2. The business activities of the undertakings concerned are: – for Saint-Gobain: production and sale of glass, ceramics, plastics and building materials. It is also active in the distribution of building materials in several EEA-countries – for Trakya: production and sale of glass, glassware, glass packaging and chemicals – for Sisecam: manufacture and sale of glass, glassware, glass packaging and chemicals – for AGAR: manufacture and sale of automotive glass in Russia – for AGART: importation and sale of specific automotive glass products that cannot be produced by AGAR [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 64, 03.03.2012, p.15. [3] OJ C 56, 5.3.2005, p. 32.