Commission Decision of 16/03/2012 declaring a concentration to be compatible with the common market (Case No COMP/M.6452 - NOMURA / HLV / DLP / DLA / DLL) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic) EN Case No COMP/M.6452 - NOMURA / HLV / DLP / DLA / DLL Only the English text is available and authentic. REGULATION (EC) No 139/2004 MERGER PROCEDURE Article 6(1)(b) NON-OPPOSITION Date: 16/03/2012 In electronic form on the EUR-Lex website under document number 32012M6452 |EUROPEAN COMMISSION | Brussels , 16/03/2012 C(2012)1875 PUBLIC VERSION SIMPLIFIED MERGER PROCEDURE To the notifying parties Dear Madam(s) and/or Sir(s), Subject:
Case No COMP/M.6452 - NOMURA / HLV / DLP / DLA / DLL Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC) No 139/2004 [1] 1. On 10/02/2012, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by which NIH (Guernsey) Limited ("NIH", Guernsey), controlled by Nomura Holdings, Inc. ("Nomura", Japan), acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of Hamburger Lebensversicherung Aktiengesellschaft ("HLV", Germany), Delta Lloyd Pensionskasse Aktiengesellschaft ("DLP", Germany), Delta Lloyd Anlagemanagement GmbH ("DLA", Germany), and Delta Lloyd Lebensversicherung Aktiengesellschaft ("DLL", Germany), by way of purchase of shares.
2. The business activities of the undertakings concerned are: - NIH : a recently established holding company, incorporated under the laws of Guernsey; - Nomura : a group of companies active in the financial instruments business, banking and trust business, insurance business, other financial services and related businesses as well as research in connection with the economy, financial or capital markets or infrastructure; - HLV : life insurance; - DLP : life insurance, pension products only; - DLA : asset management; - DLL : life insurance. [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)i and (c)ii 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 52, 22/02/2012, p.7 [3] OJ C 56, 5.3.2005, p. 32.