Commission Decision of 19/10/2005 declaring a concentration to be compatible with the common market (Case No IV/M.3784 - TRIDONICATCO / TOYODA GOSEI / LED JV) according to Council Regulation (EEC) No 4064/89 (Only the English text is authentic) | |Brussels, 19.X.2005 SG-Greffe(2005) D/205817/18 To the notifying parties Dear Madam(s) and/or Sir(s), Subject : Case No. COMP/M.3784 – TRIDONICATCO / TOYODA GOSEI / LED JV Notification of 14/09/2005 pursuant to Article 4 of Council Regulation (EC) No. 139/2004 [1] Publication in the Official Journal of the European Communities No. C 233, 22/09/2005, page 3.
1. On 14/09/2005, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 by which the undertakings TridonicAtco Gmbh & Co KG (“Tridonic”, Austria), belonging to the Zumtobel group and ultimately controlled by KKR, and Toyoda Gosei (Japan), part of the Toyota Motor Company, acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of NewCo, a newly created company constituting a joint venture. 2. The business activities of the undertakings concerned are : - for Tridonic : lighting components - for Zumtobel : lighting equipment - for KKR : private equity investor - for Toyoda Gosei : manufacturing and sales of automotive parts and optoelectronics - for Toyota Motor Company : car manufacturing - for NewCo : development, manufacturing and sales of high brightness light emitting diodes (HB-LEDs) 3.
After examination of the notification, the Commission has concluded that the notified operation falls within the scope of Council Regulation (EC) No. 139/2004 and of paragraph 5, subparagraph c, of the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004[2]. 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 (EC) No.
139/2004. For the Commission, signed Neelie KROES Member of the Commission [1] OJ L 24, 29.1.2004 p. 1. [2] OJ C 56, 05.3.2005 p.32. MERGER PROCEDURE ARTICLE 6(1)(b) DECISION SIMPLIFIED PROCEDURE PUBLIC VERSION