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: 02/10/2024

In electronic form on the EUR-Lex website under document number 32024M11691

EUROPEAN COMMISSION

Brussels, 2.10.2024 C(2024) 7020 final

PUBLIC VERSION

4-2, Ohtemachi 1-chome, Chiyoda-ku Tokyo 100-8088 Japan

Nordic Alpha Partners Fund I K/S Strandvejen 114A DK-2900 Hellerup Denmark

FMG Circular Invest AB Anna Lindhs Plats 4 211 19 Malmö Sweden

Dear Sir or Madam,

(1)(1) On 10 September 2024, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation, by which the undertakings Marubeni Corporation (‘Marubeni’, Japan), Nordic Alpha Partners Fund I K/S (‘NAP’, Denmark), and FMG Circular Invest AB (‘FMG’, Sweden), controlled by Mellby Gård (Sweden), will acquire within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control over the whole of the undertaking AquaGreen Holding ApS (‘AquaGreen’, Denmark), currently jointly controlled by NAP and FMG, by way of purchase of shares. ()

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

–– Marubeni is a trading and investment company active worldwide with business activities in multiple sectors, including lifestyle, IT solutions, food, agribusiness, chemicals, metals and mineral resources, energy, infrastructure projects,

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/2024/5585, 18.9.2024.

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

finance, leasing and real estate business, construction, industrial machinery, and mobility,

–– NAP is an investment fund focused on sustainable technology businesses,

–– FMG is an investment company focused on sustainable water treatment solutions and technologies,

–– AquaGreen is an engineering company specialising in cleantech solutions with a focus on wastewater sludge treatment and biomass conversion technologies.

(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 paragraphs 5(b) and (d) of the Commission Notice on a simplified treatment for 4 certain concentrations under Council Regulation (EC) No 139/2004. ()

(4)(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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