Commission Decision of 29/08/2011 declaring a concentration to be compatible with the common market (Case No COMP/M.6336 - WALTER FREY HOLDING / MITSUBISHI MOTORS CORPORATION) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic) |EUROPEAN COMMISSION | Brussels , 29.8.2011 C(2011) 6253 PUBLIC VERSION SIMPLIFIED MERGER PROCEDURE To the notifying parties: Dear Madam(s) and/or Sir(s), Subject: Case No COMP/M.6336 - WALTER FREY HOLDING/ MITSUBISHI MOTORS CORPORATION Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC) No 139/2004 [1] 1. On 27.07.2011, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by which the undertakings Walter Frey Holding AG ("WFH", Switzerland) and Mitsubishi Motors Europe B.V ("MME", The Netherlands), belonging to the group Mitsubishi Motors Corporation, acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of Mitsubishi Motors France SAS ("MMF", France) by way of purchase of shares.
2. The business activities of the undertakings concerned are: - For WFH: import and distribution of new and used motor vehicles of different brands, including distribution of original equipment spare parts, - For MME: organize and coordinate the activities of its local subsidiaries which are in charge of the wholesale distribution of Mitsubishi branded spare parts manufactured in different States of the EEA, - For MMF: imports and distributes Mitsubishi-branded vehicles (passenger cars and light commercial vehicles) and spare parts for France [2] . 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(c) 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 C228,03.08.2011, p.7 [3] OJ C 56, 5.3.2005, p. 32.