Commission Decision of 17/04/2013 declaring a concentration to be compatible with the common market (Case No COMP/M.6879 - MITSUI GROUP / GESTAMP AUTOMOCIÓN / TARGET COMPANIES) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic) |EUROPEAN COMMISSION | Brussels, 17.4.2013 C(2013) 2318 final PUBLIC VERSION SIMPLIFIED MERGER PROCEDURE |To the notifying parties: | Dear Madam(s) and/or Sir(s), Subject: Case No COMP/M.6879- MITSUI GROUP/ GESTAMP AUTOMOCIÓN/ TARGET COMPANIES Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC) No 139/2004 [1] 1.
On 13 March 2013, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by which Mitsui & Co. Ltd (“Mitsui”, Japan) and Gestamp Automoción S.A. (“Gestamp Automoción”, Spain), belonging to the group Corporación Gestamp, S.L. (“Gestamp”, Spain), acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control over North and South American subsidiaries of Gestamp Automoción (the “Target Companies”, USA, Mexico, Argentina and Brazil) by way of a purchase of shares. 2. The business activities of the undertakings concerned are: - for Mitsui: active worldwide in general trading in a number of commodities, including iron and steel; non-ferrous metals; machinery; electronics; chemicals; motor vehicles and motorcycles, and motor vehicle and motorcycle parts and accessories. - for Gestamp Automoción: active worldwide in the steel, automotive components and renewable energy sectors. - for Target Companies: active in the production of automotive flat steel components in Argentina, Brazil, Mexico and the USA [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(a) 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 80, 19.3.2013, p.15. [3] OJ C 56, 5.3.2005, p. 32.