Commission Decision of 28/03/2003 declaring a concentration to be compatible with the common market (Case No IV/M.3098 - NISSHO IWAI / NICHIMEN) according to Council Regulation (EEC) No 4064/89 (Only the English text is authentic) Official Journal 080 , 03/04/2003 P. 0016 - 0016 Commission Decision of 28/03/2003 declaring a concentration to be compatible with the common market (Case No IV/M.3098 - NISSHO IWAI / NICHIMEN) according to Council Regulation (EEC) No 4064/89 (Only the English text is authentic) To the notifying parties Dear Sirs, Subject: Case No. COMP/M.3098 - NISSHO IWAI / NICHIMEN Notification of 27.02.2003 pursuant to Article 4 of Council Regulation (EEC) No.
4064/89 [1] Publication in the Official Journal of the European Communities No. C 52, 6.03.2003, page 13 [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 27.02.2003, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EEC) No. 4064/89 by which by which the Japanese companies Nissho Iwai Corporation ('NIC') and the Nichimen Corporation ('NC') enter into a full merger within the meaning of Article 3(1)(a) of the Council Regulation.
2. The business activities of the undertakings concerned are : - NIC : trading of machinery, metals and other products; - NC : trading of machinery, metals and other products. 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, subparagraph c 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 Signed by Mario MONTI Member of the Commission