# C_2018122EN.01000801.xml

| 9.4.2018 | EN | Official Journal of the European Union | C 122/8 |
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9.4.2018

EN

Official Journal of the European Union

C 122/8

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Prior notification of a concentration

(Case M.8824 — Mitsui Rail Capital Europe/Siemens Nederland/JV)

Candidate case for simplified procedure

(Text with EEA relevance)

(2018/C 122/06)

| 1. | On 3 April 2018, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1).
  This notification concerns the following undertakings:






  — | Mitsui Rail Capital Europe GmbH (‘MRCE’, Germany), belonging to the group Mitsui (Japan), |
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1.

On 3 April 2018, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1).

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This notification concerns the following undertakings:

—

Mitsui Rail Capital Europe GmbH (‘MRCE’, Germany), belonging to the group Mitsui (Japan),

| — | Siemens Nederland NV (‘Siemens’, the Netherlands), belonging to the group Siemens (Germany). |
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—

Siemens Nederland NV (‘Siemens’, the Netherlands), belonging to the group Siemens (Germany).

MRCE and Siemens acquire within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control of a maintenance workshop for locomotives in the Rotterdam harbour area.

The concentration is accomplished by way of purchase of shares in a newly created company constituting a joint venture.

| 2. | The business activities of the undertakings concerned are:
  —   for MRCE: operational leasing of rolling stock, procurement and financing of locomotives,
  —   for Siemens: primarily active in the divisions Power and Gas, Power Generation Services, Energy Management, Building Technologies, Mobility, Digital Factory, Process Industries and Drives, Siemens Healthineers and Siemens Gamesa Renewable Energy. |
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2.

The business activities of the undertakings concerned are:

—   for MRCE: operational leasing of rolling stock, procurement and financing of locomotives,

for MRCE

—   for Siemens: primarily active in the divisions Power and Gas, Power Generation Services, Energy Management, Building Technologies, Mobility, Digital Factory, Process Industries and Drives, Siemens Healthineers and Siemens Gamesa Renewable Energy.

for Siemens

| 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 the 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 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. The following reference should always be specified:
  M.8824 — Mitsui Rail Capital Europe/Siemens Nederland/JV
  Observations can be sent to the Commission by email, by fax, or by post. Please use the contact details below:





  Email: COMP-MERGER-REGISTRY@ec.europa.eu |
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| Fax +32 22964301 |
| Postal address: |
| European Commission |
| 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. The following reference should always be specified:

M.8824 — Mitsui Rail Capital Europe/Siemens Nederland/JV

Observations can be sent to the Commission by email, by fax, or by post. Please use the contact details below:

Email: COMP-MERGER-REGISTRY@ec.europa.eu

Fax +32 22964301

Postal 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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