# C_2012069EN.01000701.xml

| 7.3.2012 | EN | Official Journal of the European Union | C 69/7 |
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7.3.2012

EN

Official Journal of the European Union

C 69/7

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Prior notification of a concentration

(Case COMP/M.6531 — Toshiba/HDD assets of Western Digital)

Candidate case for simplified procedure

(Text with EEA relevance)

2012/C 69/05

| 1. | On 28 February 2012, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which Toshiba Corporation (‘Toshiba’, Japan) acquires within the meaning of Article 3(1)(b) of the Merger Regulation sole control of certain tangible and intangible assets for the production of 3,5′′ hard disk drives (collectively, the ‘Divestment Business’) by way of purchase of assets from Western Digital Corporation (‘WD’, US). |
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1.

On 28 February 2012, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which Toshiba Corporation (‘Toshiba’, Japan) acquires within the meaning of Article 3(1)(b) of the Merger Regulation sole control of certain tangible and intangible assets for the production of 3,5′′ hard disk drives (collectively, the ‘Divestment Business’) by way of purchase of assets from Western Digital Corporation (‘WD’, US).

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






  — | for Toshiba: research, development, production, distribution, and sales of a wide range of products and services on a global basis in four business domains: (i) digital products, (ii) electronic devices, including hard disk drives, (iii) social infrastructure and home appliances, |
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2.

The business activities of the undertakings concerned are:

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for Toshiba: research, development, production, distribution, and sales of a wide range of products and services on a global basis in four business domains: (i) digital products, (ii) electronic devices, including hard disk drives, (iii) social infrastructure and home appliances,

| — | for the Divestment Business: production of 3,5′′ hard disk drives for desktop, consumer electronics and business critical end uses. |
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for the Divestment Business: production of 3,5′′ hard disk drives for desktop, consumer electronics and business critical end uses.

| 3. | On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the EC 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 EC Merger Regulation (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice. |
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3.

On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the EC 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 EC Merger Regulation (2) it should be noted that this case is a candidate for treatment under the procedure set out in the 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 number COMP/M.6531 — Toshiba/HDD assets of Western Digital, to the following address:





  European Commission |
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| Directorate-General for Competition |
| Merger Registry |
| J-70 |
| 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 number COMP/M.6531 — Toshiba/HDD assets of Western Digital, to the following address:

European Commission

Directorate-General for Competition

Merger Registry

J-70

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

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

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(2)  OJ C 56, 5.3.2005, p. 32 (‘Notice on a simplified procedure’).

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