# m8734.docx

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EUROPEAN COMMISSION

Brussels, 19.1.2018

C(2018) 449 final

PUBLIC VERSION

To the notifying parties:

To the notifying parties:

Subject:Case M.8734 - MITSUI / GSC / CAETANOBUS

  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.

8734 - MITSUI / GSC / CAETANOBUS

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 19 December 2017, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by which Mitsui (Japan) and Grupo Salvador Caetano SGPS ("GSC") (Portugal) acquire, within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation, joint control over CaetanoBus (Portugal), currently solely controlled by GSC, by way of a purchase of shares.
  3

1.

On

19 December 2017

,

the

European

Commission received notification of a proposed concentration pursuant to Article 4 of

the

Merger

Regulation by which

Mitsui

(Japan)

and

Grupo Salvador Caetano SGPS ("GSC") (Portugal)

acquire

,

within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation

,

joint control

over CaetanoBus (Portugal), currently solely controlled by GSC,

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:

-Mitsui is a Japanese trading house engaged in a number of businesses, including iron and steel, coal and non-ferrous metals, machinery, electronics, chemicals, and energy-related commodities;

-

Mitsui is a Japanese trading house engaged in a number of businesses, including iron and steel, coal and non-ferrous metals, machinery, electronics, chemicals, and energy-related commodities;

-GSC is active in various industries and services including the production and sale of buses, multi-brand trading in the automotive retail industry, and the sale of equipment and systems in the field of renewable energy and engineering services;

-

GSC is active in various industries and services including the production and sale of buses, multi-brand trading in the automotive retail industry, and the sale of equipment and systems in the field of renewable energy and engineering services;

-CaetanoBus is a manufacturer of buses and bus bodies in Portugal.

-

CaetanoBus is a manufacturer of buses

and bus bodies in Portugal

.

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(b) 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

(

b

)

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


  (Signed)

  Johannes LAITENBERGER
  Director-General

For the Commission

(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.