Prior notification of a concentration (Case M.10539 – SOUTH32 / KGHM / SIERRA GORDA) Candidate case for simplified procedure (Text with EEA relevance) 2022/C 21/05
Grade B
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Not the law itself: Notice
Address https://gelex.eu/eli/EU/notice/oj/C/2022/21/05@2022-01-14/en
Contents
On 6 January 2022, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004. This notification concerns the following undertakings:
South32 Limited (South32, Australia);
KGHM Polska Miedz S.A. (KGHM, Poland);
Sierra Gorda SCM (Sierra Gorda, Chile).
South32 and KGHM acquire within the meaning of Articles 3(1)(b) and 3(4) of the Merger Regulation joint control of the whole of Sierra Gorda. The concentration is accomplished by way of purchase of shares. The business activities of the undertakings concerned are:
for South32: the production of bauxite, alumina, aluminium, metallurgical coal, manganese, nickel, silver, lead and zinc from sites located in Australia, Southern Africa and South America;
for KGHM: the production of valuable commodities, predominantly metals, including copper, silver, gold, molybdenum, nickel, rhenium and lead from a number of sites worldwide;
for Sierra Gorda: the production of copper concentrate and molybdenum concentrate (which can be further processed into molybdennym oxide) from its mine located in Chile. Sierra Gorda’s copper concentrate also contains limited quantities of silver and gold.
On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the Merger Regulation. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004 it should be noted that this case is a candidate for treatment under the procedure set out in the Notice. The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission. Observations must reach the Commission not later than 10 days following the date of this publication. The following reference should always be specified: M.10539 – SOUTH32 / KGHM / SIERRA GORDA Observations can be sent to the Commission by email, by fax, or by post. Please use the contact details below: Email: COMP-MERGER-REGISTRY@ec.europa.eu Fax +32 22964301 Postal address: European Commission Directorate-General for Competition Merger Registry 1049 Bruxelles/Brussel BELGIQUE/BELGIË