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: 18/05/2018

In electronic form on the EUR-Lex website under document number 32018M8856

EUROPEAN COMMISSION

Brussels, 18.05.2018 C(2018) 3214 final

PUBLIC VERSION

To the notifying parties

Dear Sir or Madam,

1.1. On 16 April 2018, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by which the undertakings Archer Daniels Midland Europe B.V. (‘ADM’, The Netherlands) and Cargill International Luxembourg 2 Sàrl (‘Cargill’, Luxembourg) acquire within the meaning of Article 3(1)(b) and Article 3(4) of the Merger Regulation joint control over the whole of the undertaking National Vegetable Oils Co (‘NVOC’, Egypt) by way of a purchase of shares.

2. The business activities of the undertakings concerned are:

 for ADM, processing of oilseeds, corn, sugar, wheat and other agricultural commodities and a manufacturer of vegetable oils and fats, vegetable protein, meal, corn, sweeteners, flour, biodiesel, ethanol, and other value added food and feed ingredients,

 for Cargill, international production and marketing of food, and agricultural and risk management products and services. Cargill’s businesses include grain and commodity merchandising, oilseed and grain processing and refining, flour milling, meat processing and financial services,

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 143, 24.04.2018, p. 10.

Commission européenne, DG COMP MERGER REGISTRY, 1049 Bruxelles, BELGIQUE Europese Commissie, DG COMP MERGER REGISTRY, 1049 Brussel, BELGIË

Tel: +32 229-91111. Fax: +32 229-64301. E-mail: COMP-MERGER-REGISTRY@ec.europa.eu.

 for NVOC, a soybean oil crush facility, that produces and sells crude soybean oil, soybean meal and soybean hulls in the Egyptian market.

3.3. 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

4 OJ C 366, 14.12.2013, p. 5.

2