Prior notification of a concentration (Case M.11208 – Nidec Motor Corporation / Embraer / JV) Candidate case for simplified procedure (Text with EEA relevance) 2023/C 316/06
Date: 2023-09-06
Institutions: Directorate-General for Competition, European Commission
Subjects: aeronautical industry, after-sales service, aircraft, economic concentration, engine, merger control, military aircraft, subsidiary








C_2023316EN.01000801.xml










6.9.2023   


EN


Official Journal of the European Union


C 316/8







Prior notification of a concentration
(Case M.11208 – Nidec Motor Corporation / Embraer / JV)
Candidate case for simplified procedure
(Text with EEA relevance)
(2023/C 316/06)


1.   
On 28 August 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:






—


Nidec Motor Corporation (‘NMC’, United States), controlled by Nidec Corporation (Japan),










—


Embraer Aircraft Holding Inc (‘Embraer’, United States), controlled by Embraer S.A. (Brazil),










—


Nidec Aerospace LLC (‘the JV’, United States), a newly created company.




NMC and Embraer will acquire within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control of the whole of the JV. 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 the following:






—


NMC is a manufacturer of commercial, industrial and appliance motors and controls for a range of applications, which is part of Nidec Corporation, a Japanese company active in the engineering, manufacture and distribution of a range of electric motors and motor applications products, as well as compressor products,










—


Embraer is a wholly owned subsidiary of Embraer S.A., a global aerospace company headquartered in Brazil. Embraer is principally engaged in the design, development, manufacture and marketing of commercial, executive and military aircraft, as well as related after-sale customer services and support.






3.   

The business activities of the newly created JV will be the following: developing and manufacturing electric propulsion systems for aeronautical applications.



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.11208 – Nidec Motor Corporation / Embraer / JV
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.