EUROPEAN COMMISSION DG Competition

Case M.11115 – ADNOC /ÖBAG / OMV

Only the English text is available and authentic.

REGULATION (EC) No 139/2004 MERGER PROCEDURE

Article 6(1)(b) NON-OPPOSITION Date: 11/07/2023

In electronic form on the EUR-Lex website under document number 32023M11115

EUROPEAN COMMISSION

Brussels, 11.7.2023 C(2023) 4810 final

PUBLIC VERSION

Abu Dhabi National Oil Company (ADNOC) P.J.S.C. P.O. Box 898 Abu Dhabi United Arab Emirates

Österreichische Beteiligungs AG Kolingasse 14-16 1090 Vienna Austria

Subject: Case M.11115 – ADNOC /ÖBAG / OMV Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC) No 139/2004 and Article 57 of the Agreement on the European Economic Area

Dear Sir or Madam,

1.On 19 June 2023, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation, by which the undertakings Abu Dhabi National Oil Company (ADNOC) P.J.S.C. (“ADNOC”, United Arab Emirates), and Österreichische Beteiligungs AG (“ÖBAG”, Austria), will acquire within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control over the undertaking OMV Aktiengesellschaft (“OMV”, Austria) by way of purchase of shares.

The business activities of the undertakings concerned are the following:

-− ADNOC is a global energy and petrochemicals group operating across the entire hydrocarbon value chain through a network of fully integrated businesses,

-− ÖBAG is an autonomous state-owned holding company which administers state investments,

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.

2OJ L 1, 3.1.1994, p. 3 (the ‘EEA Agreement’).

3Publication in the Official Journal of the European Union No C 226, 28.6.2023, p. 10.

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

-− OMV is a global energy and petrochemicals group active in upstream and downstream oil and gas activities, as well as in the production and commercialisation of polyolefins and base chemicals.

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(c) of the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004.

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) Olivier GUERSENT Director-General

4OJ C 366, 14.12.2013, p. 5.

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