Document ID: 32017M8495
Language: ENG

<table><tr><td><p><span><img/></span></p></td><td><p><span>EUROPEAN COMMISSION</span></p></td></tr></table>
Brussels, 4.7.2017
C(2017) 4846 final
To the Notifying Parties
Subject : Case M.8495 - CUMMINS / EATON CORPORATION / EATON JV BUSINESS Commission decision pursuant to Article 6(1 )( b) of Council Regulation (EC) No 139/2004 1 and Article 57 of the Agreement on the European Economic Area 2
Dear Sir or Madam,
1. On 9 June 2017 , the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by which the undertakings Cummins, Inc. ("Cummins", of the United States) and Eaton Corporation ("Eaton", of Ireland) acquire within the meaning of Article 3(1 )( b) of the Merger Regulation joint control of parts of Eaton ("Eaton JV Business") by way of purchase of shares . 3
2. The business activities of the undertakings concerned are:
- for Cummins: design, manufacture, distribution and servicing of engines and related products around the world;
- for Eaton: supply of energy-efficient solutions to manage electrical, hydraulic and mechanical power, including the manufacture and sale of automated transmissions for commercial vehicles;
- for Eaton JV Business: supply and development of automated transmission for heavy-duty and medium-duty commercial vehicles.
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 . 4
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 and Article 57 of the EEA Agreement .
For the Commission (Signed)
Johannes LAITENBERGER Director - General
<note>
(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) OJ L 1, 3.1.1994, p. 3 ( the ' EEA Agreement ' ).
(3) Publication in the Official Journal of the European Union No C 194 , 17. 0 6.2017 , p. 49 .
(4) OJ C 366, 14.12.2013, p. 5 .
</note>