Commission Decision of 06/06/2012 declaring a concentration to be compatible with the common market (Case No COMP/M.6528 - DOW EUROPE / AKSA AKRILIK / AKSA KARBON / JV) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic) |EUROPEAN COMMISSION | Brussels, 6.6.2012 C(2012)3856 PUBLIC VERSION SIMPLIFIED MERGER PROCEDURE To the notifying parties: Dear Madam(s) and/or Sir(s), Subject: Case No COMP/M.6528 - DOW EUROPE / AKSA AKRILIK / AKSA KARBON / JV Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC) No 139/2004 [1] 1. On 26 April 2012, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by which the undertakings Dow Europe Holding B.V ("Dow Europe", the Netherlands), ultimately controlled by The Dow Chemical Company ("Dow", United States), and Aksa Akrilik Kimya Sanayii A.S.
("Aksa Akrilik", Turkey), ultimately controlled by Akkök Sanayi Yatirim ve Gelistirme A.S. ("Akkök", Turkey) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of the undertaking Aksa Karbon Elyaf Sanayi Anonim Şirketi (“Aksa Karbon”, Turkey), by way of purchase of shares [2] . 2. The business activities of the undertakings concerned are: - for Dow: plastics and chemicals, agricultural sciences, hydrocarbon and energy products and services; - for Akkök: organic, inorganic and performance chemicals; acrylic, technical and carbon fibers; generation and production of electricity; production and dying of textile yarn; real estate construction and management; and port management; and - for Aksa Karbon: manufacture of polyacrylonitrile ("PAN")-based carbon fibers, carbon fiber intermediates and carbon fiber composites, primarily used in wind energy, transportation, automotive, infrastructure, overhead electricity transmission, and offshore oil and gas applications.
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(c) 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 131, 05.05.2012, p. 4. [3]OJ C 56, 5.3.2005, p. 32.