Prior notification of a concentration (Case M.11178 – ASTARA MOBILITY / NISSAN AUSTRIA / NISSAN POLAND) Candidate case for simplified procedure (Text with EEA relevance) 2023/C 234/03
Date: 2023-07-03
Institutions: Directorate-General for Competition, European Commission
Subjects: Austria, Poland, distributor, economic concentration, import, merger control, motor vehicle, provision of services, retail trade, vehicle parts, wholesale trade








C_2023234EN.01000401.xml










3.7.2023   


EN


Official Journal of the European Union


C 234/4






Prior notification of a concentration
(Case M.11178 – ASTARA MOBILITY / NISSAN AUSTRIA / NISSAN POLAND)
Candidate case for simplified procedure
(Text with EEA relevance)
(2023/C 234/03)

1.   
On 21 June 2023, 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:






—


Astara Mobility (‘Astara’, Spain), jointly controlled by Bergé Group and Mitsubishi Corporation,










—


Nissan Austria (Austria), formerly ultimately solely controlled by Nissan Motor Co. Ltd and currently solely controlled by Astara (Spain), and Nissan Poland (Poland), ultimately solely controlled by Nissan Motor Co. Ltd (together ‘the Target Business’).




Astara will acquire within the meaning of Article 3(1)(b) of the Merger Regulation sole control of Nissan Poland. Astara previously acquired sole control of Nissan Austria in February 2022. Both acquisitions constitute one single concentration within the meaning of Article 5(2) second sub-paragraph of the Merger Regulation as they take place between the same undertakings within a two-year period.
The concentration is accomplished by way of purchase of assets.


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






—


Astara is active in the import, wholesale and retail distribution of vehicles from several brands, the sale of spare parts, as well as the provision of after sales, financing and other services in multiple European countries and Latin America and also in Philippines,










—


The Target Business distributes Nissan branded vehicles, spare parts, and accessories in Austria and in Poland.






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.11178 – ASTARA MOBILITY / NISSAN AUSTRIA / NISSAN POLAND
Observations can be sent to the Commission by email or by post. Please use the contact details below:
Email: COMP-MERGER-REGISTRY@ec.europa.eu
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.