Commission Decision of 19/02/2013 declaring a concentration to be compatible with the common market (Case No COMP/M.6787 - IHI CORPORATION / IHI CHARGING SYSTEMS INTERNATIONAL) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic) |EUROPEAN COMMISSION | Brussels, 19.02.2013 PUBLIC VERSION C(2013)1060 final SIMPLIFIED MERGER PROCEDURE To the notifying party Dear Madam(s) and/or Sir(s), Subject: Case No COMP/M.6787 – IHI CORPORATION/ IHI CHARGING SYSTEMS INTERNATIONAL Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC) No 139/2004 [1] 1. On 18.01.2013, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by which which IHI Corporation (“IHI”, Japan) acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of IHI Charging Systems International GmbH (“ICSI”, Germany) by way of purchase of shares.
Currently ICSI is jointly controlled by IHI and Daimler AG (Germany) [2] . 2. The business activities of the undertakings concerned are: - for IHI: active worldwide in aerospace, energy systems, pharmaceutical sector, social infrastructure and security related technology, distribution systems, machinery and ships; - for ICSI: active in research and development, production, marketing and distribution of turbo chargers for automotive use in passenger cars. 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 25, 26.1.2013, p.29 [3] OJ C 56, 5.3.2005, p. 32.