Case No COMP/M.6391 - DOW/ MITSUI/ BRAZILIAN POLYETHYLENE JV

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REGULATION (EC) No 139/2004 MERGER PROCEDURE

Article 6(1)(b) NON-OPPOSITION Date: 27/10/2011

In electronic form on the EUR-Lex website under document number 32011M6391

Office for Publications of the European Union L-2985 Luxembourg

EUROPEAN COMMISSION

Brussels, 27.10.2011 C(2011) 7920

SIMPLIFIED MERGER PROCEDURE

PUBLIC VERSION

To the notifying parties:

DECISION

Dear Madam(s) and/or Sir(s),

Subject: Case No COMP/M.6391 - DOW/ MITSUI/ BRAZILIAN POLYETHYLENE JV Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC) No 139/2004

1.On 23 September 2011, the European Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 by which the undertakings The Dow Chemical Company ("Dow", USA) and Mitsui & Co., Ltd ("Mitsui", Japan) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of the undertaking Santa Vitória Açúcar e Álcool Ltda ("Santa Vitória", Brazil) by way of purchase of shares.

The business activities of the undertakings concerned are:

— for Dow: active in the production of plastics and chemicals, agriculture sciences, hydrocarbon and energy products and services,

— for Mitsui: trading house engaged in business areas such as iron and steel, non-ferrous metals, electronics, chemicals, energy-related commodities, motor vehicle and motorcycle parts and accessories,

— for Santa Vitória: production of polyethylene with back-integration into ethylene, (bio-) ethanol and sugarcane .

1OJ 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.

Commission européenne, 1049 Bruxelles, BELGIQUE / Europese Commissie, 1049 Brussel - BELGIË. Telephone: (32-2) 299 11 11.

2.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.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

2OJ C 292, 5.10.2011, p. 9.

3OJ C 56, 5.3.2005, p. 32.

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