Commission Decision of 02/07/2012 declaring a concentration to be compatible with the common market (Case No COMP/M.6552 - METSO POWER / MW POWER) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic) EN Case No COMP/M.6552 - METSO POWER/ MW POWER Only the English text is available and authentic. REGULATION (EC) No 139/2004 MERGER PROCEDURE Article 6(1)(b) NON-OPPOSITION Date: 02/07/2012 In electronic form on the EUR-Lex website under document number 32012M6552 |EUROPEAN COMMISSION | Brussels, 02/07/2012 C(2012) 4674 PUBLIC VERSION SIMPLIFIED MERGER PROCEDURE To the notifying party: | | Dear Madam(s) and/or Sir(s), Subject:
Case No COMP/M.6552 - METSO POWER/ MW POWER Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC) No 139/2004 [1] 1. On 31/05/2012, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by which the undertaking Metso Power Oy (“Metso Power”, Finland), belonging to the Metso Corporation (Finland), acquires within the meaning of Article 3(1)(b) of the Merger Regulation sole control of the whole of the undertaking MW Power Oy (“MW Power”, Finland), by way of purchase of shares and securities. MW Power is currently jointly controlled by Metso Power and Wärtsilä Finland Oy.
2. The business activities of the undertakings concerned are: - for Metso Power: active in the production of large and extra large biomass boiler plants and boiler systems for the paper and pulp industry; - for MW Power: designs, manufactures, markets and sells medium- and small scale heat and power plants, focusing mainly on renewable fuel solutions [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(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 161, 07/06/2012, p.28 [3] OJ C 56, 5.3.2005, p. 32.