Prior notification of a concentration (Case M.11228 – BENTELER / BEIJING AUTOMOTIVE / JVs) Candidate case for simplified procedure (Text with EEA relevance) 2023/C 277/02
Date: 2023-08-07
Institutions: Directorate-General for Competition, European Commission
Subjects: China, economic concentration, merger control, motor vehicle industry, sale, subsidiary, supply, vehicle parts








C_2023277EN.01000201.xml










7.8.2023   


EN


Official Journal of the European Union


C 277/2






Prior notification of a concentration
(Case M.11228 – BENTELER / BEIJING AUTOMOTIVE / JVs)
Candidate case for simplified procedure
(Text with EEA relevance)
(2023/C 277/02)

1.   
On 31 July 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:






—


Benteler Automotive (China) Investment Limited (‘Benteler’, China),










—


Beijing Hainachuan Automotive Parts Co., Ltd (‘BHAP’, China).




Benteler and BHAP will acquire within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control of Benteler Hainachuan Automotive (Beijing) Co., Ltd. (a Manufacturing Joint Venture, ‘MJV’), and Beijing Hainachuan Benteler Automotive Co., Ltd. (a Sales Joint Venture, ‘SJV’) (jointly referred to as ‘JVs’).
The concentration is accomplished by way of purchase of shares in newly created companies constituting joint ventures.


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






—


Benteler, a wholly-owned subsidiary of the Austrian company Benteler International AG, is mostly active in the supply of components and modules for automotive customers in the areas of chassis, body, engine and exhaust systems,










—


BHAP, a subsidiary of the Chinese state-owned BAIC Group, is active in the automotive sector in the supply of automobile seats, interiors and exteriors, powertrain systems, chassis systems, body systems, electronics and other components.






3.   

The business activities of Benteler Hainachuan Automotive (Beijing) Co., Ltd. and Beijing Hainachuan Benteler Automotive Co., Ltd. will be the assembly by the MJV of chassis modules pre-selected by a customer in China, and the sale of such chassis modules by the SJV to customers in China.



4.   
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.


5.   
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.11228 – BENTELER / BEIJING AUTOMOTIVE / JVs
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.