m8301.docx EUROPEAN COMMISSION Brussels, 2.6.2017 C(2017) 3931 final To the notifying part ies Subject : Case M. 8301 - GE / ATI / JV 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 5 May 2017 , the European Commission received notification of a proposed conc entration pursuant to Article 4 of the Merger Regulation by which the undertakings General Electric Company (“GE”, USA) and Allegheny Technologies Incorporated (“ATI”, USA) acquire within the meaning of Article 3(4) of the Merger Regulation joint control of the NewCo ( "JV", USA) , a newly created company constituting a joint venture , by way of a purchase of shares .
3 2. The business activities of the undertakings concerned are: - for GE: global, diversified manufacturing, technology and services company; - for ATI: worldwide specialty materials and components producer including titanium and titanium alloys, nickel-based alloys and specialty steels, precision forgings, castings and machined components, zirconium and related alloys; - for the NewCo /JV: development of a novel titanium alloy reduction process and subsequent commercializion of titanium alloy powders as well as titanium novel alloys. 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 1 5 5 , 18 . 5 . 2017 , p. 8 . (4) OJ C 366, 14.12.2013, p. 5 .