# C_2017069EN.01001201.xml

| 4.3.2017 | EN | Official Journal of the European Union | C 69/12 |
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4.3.2017

EN

Official Journal of the European Union

C 69/12

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Prior notification of a concentration

(Case M.8403 — Sumitomo/Musashi Semitsu Industry/Hay Holding)

Candidate case for simplified procedure

(Text with EEA relevance)

(2017/C 69/09)

| 1. | On 24 February 2017, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which Sumitomo Corporation (‘Sumitomo’, Japan) and Musashi Semitsu Industry Co. Ltd (‘MSI’, Japan) acquire, within the meaning of Article 3(1)(b) of the Merger Regulation, indirect joint control over Hay Holding GmbH (‘Hay’, Germany) by way of a purchase of shares. |
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1.

On 24 February 2017, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which Sumitomo Corporation (‘Sumitomo’, Japan) and Musashi Semitsu Industry Co. Ltd (‘MSI’, Japan) acquire, within the meaning of Article 3(1)(b) of the Merger Regulation, indirect joint control over Hay Holding GmbH (‘Hay’, Germany) by way of a purchase of shares.

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| 2. | The business activities of the undertakings concerned are:






  — | Sumitomo is listed on the Tokyo Stock Exchange. It is integrated trading and investment company which is active in: (i) the provision of pipes, accessories and services to companies in the oil, gas, petrochemical, refining and boiler manufacturing industries; (ii) rolled steel and non-ferrous products; (iii) transportation and construction systems; (iv) mineral resources and energy; (v) chemicals and electronics; (vi) trade in foodstuffs, media and retail services; and (vii) infrastructure. |
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2.

The business activities of the undertakings concerned are:

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Sumitomo is listed on the Tokyo Stock Exchange. It is integrated trading and investment company which is active in: (i) the provision of pipes, accessories and services to companies in the oil, gas, petrochemical, refining and boiler manufacturing industries; (ii) rolled steel and non-ferrous products; (iii) transportation and construction systems; (iv) mineral resources and energy; (v) chemicals and electronics; (vi) trade in foodstuffs, media and retail services; and (vii) infrastructure.

| — | MSI is listed on the Tokyo Stock Exchange and produces precision components for the construction of automobiles and motorcycles. |
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MSI is listed on the Tokyo Stock Exchange and produces precision components for the construction of automobiles and motorcycles.

| — | Hay is a limited liability company that manufactures precision forged and machined parts for automotive transmissions, engines and drivelines. |
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Hay is a limited liability company that manufactures precision forged and machined parts for automotive transmissions, engines and drivelines.

| 3. | On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the Merger Regulation. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in this Notice. |
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3.

On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the Merger Regulation. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in this Notice.

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| 4. | The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.
  Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301), by email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference M.8403 — Sumitomo/Musashi Semitsu Industry/Hay Holding, to the following address:





  European Commission |
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| Directorate-General for Competition |
| Merger Registry |
| 1049 Bruxelles/Brussel |
| BELGIQUE/BELGIË |

4.

The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.

Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301), by email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference M.8403 — Sumitomo/Musashi Semitsu Industry/Hay Holding, to the following address:

European Commission

Directorate-General for Competition

Merger Registry

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

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(1)  OJ L 24, 29.1.2004, p. 1 (the ‘Merger Regulation’).

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(2)  OJ C 366, 14.12.2013, p. 5.

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