COMMISSION DECISION of 27/09/2001 declaring a concentration to be compatible with the common market (Case No IV/M.2462 - ERICSSON/SONY/JV) according to Council Regulation (EEC) No 4064/89 (Only the English text is authentic) Official Journal 281 , 05/10/2001 P. 0009 - 0009 COMMISSION DECISION of 27/09/2001 declaring a concentration to be compatible with the common market (Case No IV/M.2462 - ERICSSON/SONY/JV) according to Council Regulation (EEC) No 4064/89 (Only the English text is authentic) Brussels, 27.09.2001 SG (2001) 291575-291576 To the notifying parties Dear Madam(s) and/or Sir(s), Subject:
Case No. COMP/M.2462 - Ericsson/Sony/JV Notification of 28 August 2001 pursuant to Article 4 of Council Regulation (EEC) No. 4064/89 [1] [1] OJ L 395, 30.12.1989 p. 1; corrected version OJ L 257 of 21.9.1990, p. 13, as last amended by Regulation (EC) No 1310/97, OJ L 180, 9.7.1997, p. 1, corrigendum in OJ L 40, 13.2.1998, p. 17. Publication in the Official Journal of the European Communities No. C 249, 7 September 2001, p. 2. On 28 August 2001, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EEC) No. 4064/89 by which the undertaking Telefonaktiebolaget LM Ericsson ("Ericsson") and Sony Corporation ("Sony") acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of a new undertaking ("the JV") by way of transfer of assets.
The business activities of the undertakings concerned are: - for undertaking Ericsson: supplier in the telecommunications and data communications industry, offering communication solutions for mobile and fixed networks, as well as mobile handsets and accessories. - for undertaking Sony: supplier of electronic equipment, instruments and devices for consumer and industrial markets, game consoles and software; music publishing; production and distribution of film, video and television; insurance and financial business. - for undertaking the JV: develop, design, manufacture, market, sell and distribute mobile handsets.
After examination of the notification, the Commission has concluded that the notified operation falls within the scope of Council Regulation (EEC) No. 4064/89 and of section 4(c) of the Commission Notice on a simplified procedure for administering certain concentrations (OJ C 217, 29.07.2000, p.32). For the reasons set out in the Notice on a simplified procedure, the Commission has decided not to oppose the notified operation and to declare it compatible with the common market and with the EEA Agreement. This decision is adopted in application of Article 6(1)(b) of Council Regulation (EEC) No. 4064/89.
For the Commission (signed) Mario Monti Member of the Commission