Commission Decision of 28/06/2012 declaring a concentration to be compatible with the common market (Case No COMP/M.6593 - AUDI / DUCATI MOTOR HOLDING) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic) |EUROPEAN COMMISSION | Brussels, 28/06/2012 PUBLIC VERSION C(2012)4558 SIMPLIFIED MERGER PROCEDURE |To the notifying party: | Dear Madam(s) and/or Sir(s), Subject: Case No COMP/M.6593 – AUDI / DUCATI MOTOR HOLDING 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 Audi AG ("Audi", Germany) acquires within the meaning of Article 3(1)(b) of the Merger Regulation sole control of Ducati Motor Holding S.p.A., ("Ducati", Italy).
Audi is controlled by Volkswagen AG. 2. The business activities of the undertakings concerned are: - Volkswagen AG: design, manufacture, supply and distribution of cars and manufacture and supply of spare parts for cars. - Audi: design, manufacture, supply and distribution of cars and manufacture and supply of spare parts for cars. - Ducati: design, manufacturing, distribution and sale of motorbikes as well as supply of spare parts and accessories. [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(b) 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.27 [3] OJ C 56, 5.3.2005, p. 32.