# C_2013151EN.01002301.xml

| 30.5.2013 | EN | Official Journal of the European Union | C 151/23 |
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30.5.2013

EN

Official Journal of the European Union

C 151/23

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Prior notification of a concentration

(Case COMP/M.6904 — Yamaha/KYB/KYB Motorcycle Suspension JV)

Candidate case for simplified procedure

(Text with EEA relevance)

2013/C 151/12

| 1. | On 24 May 2013, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which Yamaha Motor Co., Ltd (‘Yamaha’, Japan), and Kayaba Industry Co., Ltd (‘KYB’, Japan), acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of KYB Motorcycle Suspension Co., Ltd (‘JV’, Japan) by way of purchase of shares. |
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1.

On 24 May 2013, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which Yamaha Motor Co., Ltd (‘Yamaha’, Japan), and Kayaba Industry Co., Ltd (‘KYB’, Japan), acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of KYB Motorcycle Suspension Co., Ltd (‘JV’, Japan) by way of purchase of shares.

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






  — | for Yamaha: the manufactures and supply of motorcycles, scooters, electrically power assisted bicycles, boats, sail boats, personal watercrafts, pools, utility boats, fishing boats, outboard motors, 4-wheel ATVs, side-by-side vehicles, racing kart engines, golf cars, multi-purpose engines, generators, water pumps, snowmobiles, small-sized snow throwers, automobile engines, surface mounters, intelligent machinery, industrial-use unmanned helicopters, electrical power units for wheelchairs and helmets, |
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2.

The business activities of the undertakings concerned are:

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for Yamaha: the manufactures and supply of motorcycles, scooters, electrically power assisted bicycles, boats, sail boats, personal watercrafts, pools, utility boats, fishing boats, outboard motors, 4-wheel ATVs, side-by-side vehicles, racing kart engines, golf cars, multi-purpose engines, generators, water pumps, snowmobiles, small-sized snow throwers, automobile engines, surface mounters, intelligent machinery, industrial-use unmanned helicopters, electrical power units for wheelchairs and helmets,

| — | for KYB: the manufacture and supply of active suspension systems for diverse applications, including for motor vehicles (shock), motorcycles and trains, as well as hydraulic equipment for motor vehicles, aircraft and industrial applications. |
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for KYB: the manufacture and supply of active suspension systems for diverse applications, including for motor vehicles (shock), motorcycles and trains, as well as hydraulic equipment for motor vehicles, aircraft and industrial applications.

| 3. | KYB Motorcycle Suspension Co., Ltd will be active in the production and sale of suspension equipment for motorcycles (including, to a very limited extent, all-terrain vehicles and snowmobiles) and the devices, parts, and accessories relating to such equipment. The JV will mainly be active in Asia and it is expected to have very limited EEA sales. |
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3.

KYB Motorcycle Suspension Co., Ltd will be active in the production and sale of suspension equipment for motorcycles (including, to a very limited extent, all-terrain vehicles and snowmobiles) and the devices, parts, and accessories relating to such equipment. The JV will mainly be active in Asia and it is expected to have very limited EEA sales.

| 4. | On preliminary examination, the European 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 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.

On preliminary examination, the European 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 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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| 5. | The European Commission invites interested third parties to submit their possible observations on the proposed operation to the European 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.6904 — Yamaha/KYB/KYB Motorcycle Suspension JV, to the following address:





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

5.

The European Commission invites interested third parties to submit their possible observations on the proposed operation to the European 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.6904 — Yamaha/KYB/KYB Motorcycle Suspension JV, 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 ‘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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