# IMMC.MTF_2018_8997_FIN.ENG.xhtml.m8997.docx

| | EUROPEAN COMMISSION |
| --- | --- |

EUROPEAN COMMISSION

EUROPEAN COMMISSION

Brussels, 17.7.2018

Brussels, 17.7.2018

C(2018) 4817 final

C(2018) 4817 final

| PUBLIC VERSION |
| --- |

PUBLIC VERSION

PUBLIC VERSION

To the notifying parties

To the notifying parties

Subject:Case M.8997 — Whirlpool/Elica/Elica PB India Private Limited

  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

Subject:

Case M.8997 — Whirlpool/Elica/Elica PB India Private Limited

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,

Dear Sir or Madam,

1.On 25 June 2018, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by which Whirlpool Corporation ('Whirlpool', U.S.A.), through its subsidiary Whirlpool of India Limited, acquires within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control of Elica PB India Private Limited ('Elica PB India', India), currently majority owned by Elica S.p.A. ('Elica', Italy), by way of a purchase of shares.
  3

1.

On 25 June 2018, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by which Whirlpool Corporation ('Whirlpool', U.S.A.), through its subsidiary Whirlpool of India Limited, acquires within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control of Elica PB India Private Limited ('Elica PB India', India), currently majority owned by Elica S.p.A. ('Elica', Italy), by way of a purchase of shares.

3

2.The business activities of the undertakings concerned are:

2.

The business activities of the undertakings concerned are:

-Whirlpool is active in the manufacture and sale of a range of appliances for refrigeration, laundry, kitchen, air conditioning and water and air purification,

-

Whirlpool is active in the manufacture and sale of a range of appliances for refrigeration, laundry, kitchen, air conditioning and water and air purification,

-Elica is active in the manufacture and sale of kitchen appliances and the sale of air treatment devices,

-

Elica is active in the manufacture and sale of kitchen appliances and the sale of air treatment devices,

-Elica PB India is active in the manufacture and sale of certain kitchen appliances and the sale of a range of kitchen and related cooking devices in India.

-

Elica PB India is active in the manufacture and sale of certain kitchen appliances and the sale of a range of kitchen and related cooking devices in India.

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

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.

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

For the Commission

(Signed)

  Johannes LAITENBERGER
  Director-General

(Signed)

Johannes LAITENBERGER
  Director

-General

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.

OJ C 366, 14.12.2013, p. 5.