Commission Decision of 20/12/2012 declaring a concentration to be compatible with the common market (Case No COMP/M.6785 - GENERAL MOTORS FRANCE / SSPF / AUTO DISTRIBUTION PROVENCE) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic) |EUROPEAN COMMISSION | Brussels, 20/12/2012 PUBLIC VERSION C(2012)9946 SIMPLIFIED MERGER PROCEDURE To the notifying parties: | | Dear Madam(s) and/or Sir(s), Subject: Case No COMP/M.6785 - GENERAL MOTORS FRANCE/ SSPF/ AUTO DISTRIBUTION PROVENCE Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC) No 139/2004 [1] 1.
On 26/11/2012, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by which General Motors France SAS ("GM France", France), belonging to General Motors Company ("GM", USA) and SSPF SAS ("SSPF", France), belonging to the Maurin Group (France), acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of a newly constituted joint venture, Auto Distribution Provence SAS ("ADP", France), by way of purchase of shares. 2. The business activities of the undertakings concerned are: - for GM France: mainly active in the importation and wholesale distribution of GM branded vehicles and the supply of GM branded original spare parts in France; - for SSPF: a holding company of the Maurin Group.
The Maurin Group is active in the retail distribution of motor vehicles and related products and services as well as in the wholesale distribution of original spare parts of various brands. 3. ADP will be active in the retail distribution of new Opel vehicles and used vehicles, in the provision of maintenance and repair services and in the supply of Opel branded products and services in France [2] . 4. 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(a) of the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004 [3] .
5. 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 372, 01/12/2012, p.8. [3] OJ C 56, 5.3.2005, p. 32.