EUROPEAN COMMISSION DG Competition

Only the English text is available and authentic.

REGULATION (EC) No 139/2004 MERGER PROCEDURE

Article 6(1)(b) NON-OPPOSITION Date: 03/04/2024

In electronic form on the EUR-Lex website under document number 32024M11443

EUROPEAN COMMISSION

Brussels, 3.4.2024 C(2024) 2319 final

PUBLIC VERSION

ADNOC Fertilizers – Sole Proprietorship, L.L.C. P.O. Box 898, ADNOC Head Quarters Complex Abu Dhabi United Arab Emirates

Dear Sir or Madam,

(1) On 7 March 2024, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation, by which ADNOC Fertilizers – Sole Proprietorship, L.L.C. (“ADNOC Fertilizers”, United Arab Emirates), belonging to the ADNOC Group and ultimately controlled by Abu Dhabi National Oil Company P.J.S.C. (“ADNOC”, United Arab Emirates), will acquire within the meaning of Article 3(1)(b) of the Merger Regulation sole control over the whole of Fertiglobe plc (“Fertiglobe”, United Arab Emirates), which is currently jointly controlled by ADNOC Fertilizers and OCI Fertilizers B.V., by way of 3 purchase of shares. ()

(2) The business activities of the undertakings concerned are the following:

– ADNOC Group: the exploration, production, storage, refining, and distribution of oil and gas,

– Fertiglobe: the production and distribution of nitrogen fertilisers.

(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

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() OJ C, C/2024/2181, 14.3.2024.

Commission européenne/Europese Commissie, 1049 Bruxelles/Brussel, BELGIQUE/BELGIË – Tel. +32 22991111

paragraph 5(d) and (e) of the Commission Notice on a simplified treatment for certain concentrations under Council Regulation (EC) No 139/2004. ()

(4) For the reasons set out in the Notice on a simplified treatment, 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) Olivier GUERSENT Director-General

4() OJ C 160, 5.5.2023, p. 1 (the ‘Notice on a simplified treatment’).

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