# C_2017194EN.01004901.xml

| 17.6.2017 | EN | Official Journal of the European Union | C 194/49 |
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17.6.2017

EN

Official Journal of the European Union

C 194/49

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Prior notification of a concentration

(Case M.8495 — Cummins/Eaton Corporation/Eaton JV Business)

Candidate case for simplified procedure

(Text with EEA relevance)

(2017/C 194/10)

| 1. | On 9 June 2017, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) 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. |
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1.

On 9 June 2017, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) 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.

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| 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. |
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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 Cummins

—   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

—   for Eaton JV Business: supply and development of automated transmission for heavy-duty and medium-duty commercial vehicles.

for Eaton JV Business

| 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 the 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 the 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.8495 — Cummins/Eaton Corporation/Eaton JV Business, 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.8495 — Cummins/Eaton Corporation/Eaton JV Business, 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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