Prior notification of a concentration (Case M.8719 — Kyocera/Ryobi/Ryobi Dalian Machinery/Ryobi Sales/Kyocera Industrial Tools) — Candidate case for simplified procedure (Text with EEA relevance. )
Date: 2017-12-05
Institutions: European Commission
Subjects: building industry, economic concentration, industrial production, merger control, tool industry








C_2017413EN.01000801.xml










5.12.2017   


EN


Official Journal of the European Union


C 413/8





Prior notification of a concentration
(Case M.8719 — Kyocera/Ryobi/Ryobi Dalian Machinery/Ryobi Sales/Kyocera Industrial Tools)
Candidate case for simplified procedure
(Text with EEA relevance)
(2017/C 413/08)






1.


On 23 November 2017, 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:






—


Kyocera Corporation (Japan) (‘Kyocera’),










—


Ryobi Limited (Japan) (‘Ryobi’),










—


Ryobi Dalian Machinery Co., Ltd (China) (‘RDM’),










—


Ryobi Sales Co. (Japan) (‘Ryobi Sales’),










—


Kyocera Industrial Tools Co., Ltd (Japan) (‘KIT’).




Kyocera acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of KIT and Ryobi Sales. Kyocera and Ryobi acquire within the meaning of Article 3(1)(b) and Article 3(4) of the Merger Regulation joint control of RDM.
The concentration is accomplished by way of purchase of shares in a newly created company constituting a joint venture and by way of purchase of shares.










2.


The business activities of the undertakings concerned are:
—   for Kyocera: Japanese multinational manufacturer and supplier of a wide range of products for industrial users,
—   for Ryobi: Japanese supplier of die castings, printing equipment, power tools and building hardware,
—   for RDM: Chinese wholly-owned subsidiary of Ryobi active in the power tools and door closer (including related building hardware) sectors,
—   for Ryobi Sales: Japanese company, which sells power tool products manufactured by Ryobi in Japan,
—   for KIT: Japanese newly established company that will include Ryobi’s current power tool business in Japan; the power tool business of RDM; and the door closer business of RDM and will be jointly owned by Kyocera and Ryobi.










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 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.










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.8719 — Kyocera/Ryobi/Ryobi Dalian Machinery/Ryobi Sales/Kyocera Industrial Tools
Observations can be sent to the Commission by email, by fax, or by post. Please use the contact details below:





E-mail: COMP-MERGER-REGISTRY@ec.europa.eu




Fax +32 22964301




Postal address:




European Commission




Directorate-General for Competition




Merger Registry




1049 Bruxelles/Brussel




BELGIQUE/BELGIË










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

(2)  OJ C 366, 14.12.2013, p. 5.