Prior notification of a concentration (Case M.8803 — Michelin North America/Sumitomo Corporation of Americas/JV) — Candidate case for simplified procedure (Text with EEA relevance. )
Date: 2018-02-09
Institutions: European Commission
Subjects: economic concentration, electrical energy, electronics industry, energy production, iron and steel industry, mechanical engineering, merger control, pneumatic tyre, wholesale trade








C_2018048EN.01000601.xml










9.2.2018   


EN


Official Journal of the European Union


C 48/6





Prior notification of a concentration
(Case M.8803 — Michelin North America/Sumitomo Corporation of Americas/JV)
Candidate case for simplified procedure
(Text with EEA relevance)
(2018/C 48/07)






1.


On 1 February 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:






—


Michelin North America Inc. (‘MNAI’, United States), controlled by Michelin Group (France),










—


Sumitomo Corporation of Americas (‘SCOA’, United States), controlled by Sumitomo Corporation (Japan).




Michelin North America Inc. and Sumitomo Corporation of Americas acquire within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control of a newly created joint venture. The concentration is accomplished by way of purchase of shares in a newly created company constituting a joint venture (the ‘JV’).










2.


The business activities of the undertakings concerned are:






—


MNAI manufactures and sells tyres for a wide range of vehicles (including passenger cars and light trucks; heavy duty trucks; recreational vehicles; earthmoving vehicles; agricultural vehicles; aircrafts; motorcycles and bikes) in the United States, Canada and Mexico. MNAI is part of the Michelin group which is active globally.










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SCOA engages in tubular product, steel and non-ferrous metal, machinery and power, chemicals and electronics, lifestyle-related products, and mineral resources and energy businesses. SCOA is controlled by the Sumitomo Corporation which is active globally.










—


The JV will be the combination of MNAI’s and SCOA’s distribution businesses and will mainly be active in the United States and Mexico. The JV will have some minor distribution activities in the EEA.














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.










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.8803 — Michelin North America/Sumitomo Corporation of Americas/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










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

(2)  OJ C 366, 14.12.2013, p. 5.