m8266.docx EUROPEAN COMMISSION Brussels, 13.1.2017 C(2017) 266 final To the notifying parties: Subject : Case M. 8266 - MCHC / UBE / MCIS-CN / AETZ-CN ASSETS Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC) No 139/2004 1 and Article 57 of the Agreement on the European Economic Area 2 Dear Sir or Madam, 1. On 14 December 2016 , the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by which Mitsubishi Chemical Holdings Corporation (“MCHC” , Japan ) and Ube Industries, Ltd. (“Ube” , Japan ) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control over Changshu MC Ionic Solutions CN Co., Ltd.
(“MCIS-CN” or the “JV”) and the assets of AET Electrolyte Technologies ( Zhang jiagang ) Co., Ltd. (“AETZ-CN”) by way of purchase of shares and assets . 3 2. The business activities of the undertakings concerned are: - MCHC: a global holding company engaged in three business domains, namely performance products, health care and industrial materials, this includes the production and marketing of pharmaceutical intermediates and ingredients, recording media and chemicals, including electrolytes for lithium-ion secondary batteries ; - Ube: a global company active in five main business segments: chemicals, pharmaceuticals, cement and construction materials, machinery and energy and environment; - MCIS-CN: currently indirectly controlled by MCHC, active in production and sale of electrolytes for lithium-ion secondary batteries in China; - AETZ-CN: assets controlled by Ube, used for the production and sale of electrolytes for lithium-ion secondary batteries in China.
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 . 4 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 and Article 57 of the EEA Agreement .
For the Commission (Signed) Johannes LAITENBERGER 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) OJ L 1, 3.1.1994, p. 3 ( the ' EEA Agreement ' ). (3) Publication in the Official Journal of the European Union No C 481 , 23.12.2016 , p. 19 . (4) OJ C 366, 14.12.2013, p.
5 .