Commission Decision of 23/07/2013 declaring a concentration to be compatible with the common market (Case No COMP/M.6975 - DUBAL HOLDING / MDCI / EGA JV) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic) |EUROPEAN COMMISSION | Brussels, 23.7.2013 C(2013) 4862 final PUBLIC VERSION | | SIMPLIFIED MERGER PROCEDURE | |To the notifying parties | Dear Sirs, Subject: Case No COMP/M.6975 - DUBAL HOLDING / MDCI / EGA JV Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC) No 139/2004 [1] 1. On 26 June 2013, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by which the undertakings MDC Industry Holding Company LLC ("MDCI", UAE), a wholly-owned subsidiary of Mubadala Development Company PJSC, and DUBAL Holding LLC ("DUBAL Holding", UAE), ultimately wholly-owned by Investment Corporation of Dubai, acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of the whole of the undertaking Dubai Aluminium ("DUBAL", UAE), through the newly created joint venture Emirates Global Aluminium PJSC ("EGA JV", UAE), by way of purchase of shares.
DUBAL is currently solely controlled by DUBAL Holding. 2. The business activities of the undertakings concerned are: - MDCI is a wholly-owned subsidiary of Mubadala Development Company PJSC, an investment and development company wholly owned by the Government of the Emirate of Abu Dhabi; - DUBAL Holding is a wholly-owned subsidiary of the Investment Corporation of Dubai, an investment company wholly owned by the Government of the Emirate of Dubai; - DUBAL is active in the production and sale of aluminium products. [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(c)i 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 195, 6.7.2013, p. 13. [3] OJ C 56, 5.3.2005, p. 32.