Commission Decision of 15/04/2011 declaring a concentration to be compatible with the common market (Case No COMP/M.6182 - MAN / MAN CAMIONS ET BUS / MAN TRUCK & BUS BELGIUM) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic) |EUROPEAN COMMISSION | Brussels , 15.04.2011 PUBLIC VERSION C(2011) 2820 SIMPLIFIED MERGER PROCEDURE To the notifying party Dear Madam(s) and/or Sir(s), Subject: Case No COMP/M.6182 – MAN / MAN Camions et Bus / MAN Truck & Bus Belgium Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC) No 139/2004 [1] 1. On 21 March 2011, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by which the undertaking MAN Truck & Bus AG (‘MAN Truck & Bus’, Germany), controlled by MAN SE (‘MAN’, Germany) acquires within the meaning of Article 3(1)(b) of the Merger Regulation sole control of the whole of MAN Camions et Bus S.A.S.
(‘MAN Camions et Bus’, France) and MAN Truck and Bus N.V./S.A. (‘MAN Truck and Bus Belgium’, Belgium) by way of purchase of shares [2] . 2. The business activities of the undertakings concerned are: - MAN: development, manufacture and sale of trucks, buses and coaches, chassis and floor assemblies for buses, industrial and marine engines, diesel engines, turbo-machines and industrial services, - MAN Camions et Bus: sale and after sale services of trucks, buses and coaches and the sale of chassis for coaches and (as a genuine agent) the sale of truck (diesel) engines and spare parts thereof, - MAN Truck & Bus Belgium: sale and after sale services of trucks, buses and coaches and (as a genuine agent) the sale of truck (diesel) engines and spare parts thereof.
3. After examination of the notification, the European Commission has concluded that the notified operation falls within the scope of the Merger Regulation and of paragraph 5(d) of the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004 [3] . 4. For the reasons set out in the Notice on a simplified procedure, the European Commission has decided not to oppose the notified operation and to declare it compatible with the internal market and with the EEA Agreement. This decision is adopted in application of Article 6(1)(b) of the Merger Regulation.
For the Commission (Signed) Alexander ITALIANER Director General [1]OJ L 24, 29.1.2004, p. 1 ("the Merger Regulation"). With effect from 1 December 2009, the Treaty on the Functioning of the European Union ("TFEU") has introduced certain changes, such as the replacement of "Community" by "Union" and "common market" by "internal market". The terminology of the TFEU will be used throughout this decision. [2] Publication in the Official Journal of the European Union No C 101, 01.04.2011, p.38 [3] OJ C 56, 5.3.2005, p. 32.