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REGULATION (EC) No 139/2004 MERGER PROCEDURE

Article 6(1)(b) NON-OPPOSITION Date: 09/09/2015

In electronic form on the EUR-Lex website under document number 32015M7704

EUROPEAN COMMISSION

Brussels, 9.9.2015 C(2015) 6289 final

PUBLIC VERSION

SIMPLIFIED MERGER PROCEDURE

To the notifying parties

Dear Sirs,

Subject: Case M.7704 - WILMAR INTERNATIONAL/ FOX PETROLI/ JV 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

1.On 10 August 2015, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by which the undertakings Wilmar International Limited ("Wilmar", Singapore) and Fox Petrolifera Italiana SpA ("Fox Petroli", Italy) acquire within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control in a newly established joint venture ("JV", Italy) by way of purchase of shares.

The business activities of the undertakings concerned are:

-- The Wilmar Group’s business activities include oil palm cultivation, oilseed crushing, edible oils refining, sugar milling and refining, specialty fats, oleochemical, biodiesel and fertilizer manufacturing, and grain processing;

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 274, 19.08.2015, p. 3.

-- Fox Petroli engages in the transport, storage, processing and marketing of oil products, green fuels, and various relevant byproducts. It also operates a biodiesel manufacturing facility;

-- JV will be active in originating, manufacturing, and processing of raw materials, and production, distribution, and marketing of biodiesel and its byproducts in the EEA.

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) and 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) Johannes LAITENBERGER Director-General

4OJ C 366, 14.12.2013, p. 5.

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