COMMISSION DECISION of 17/07/2001 declaring a concentration to be compatible with the common market (Case No IV/M.2489 - BORG WARNER/HITACHI) according to Council Regulation (EEC) No 4064/89 (Only the English text is authentic) Official Journal 242 , 30/08/2001 P. 0002 - 0002 COMMISSION DECISION of 17/07/2001 declaring a concentration to be compatible with the common market (Case No IV/M.2489 - BORG WARNER/HITACHI) according to Council Regulation (EEC) No 4064/89 (Only the English text is authentic) Brussels, 17.07.2001 SG (2001) D/289805 To the notifying parties Subject: Case No. COMP/M.2489-Borg Warner/Hitachi Notification of 15.06.2001 pursuant to Article 4 of Council Regulation (EEC) No.
4064/89 [1] Publication in the Official Journal of the European Communities No. C 177/4, 22.06.2001. [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. 1. On 15.06.2001, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EEC) No. 4064/89 by which the undertaking Borg Warner Inc. (« Borg Warner ») USA and Hitachi (« Hitachi ») Japan acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of the undertaking Hitachi Warner Turbo Systems (« HWTS ») Japan by way of purchase of shares.
2. The business activities of the undertakings concerned are : - for Borg Warner : Automotive components - for Hitachi : IT-products, automotive components and other products - for HWTS : Turbochargers. 3. 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 paragraph 4(a) of the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EEC) No 4064/89 [2]. [2] OJ C 217, 29.07.2000, p. 32. 4. 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 Mario MONTI Member of the Commission