Prior notification of a concentration (Case M.11384 – Mercedes-Benz Group/BMW/JV) – Candidate case for simplified procedure
Date: 2024-01-11
Institutions: Directorate-General for Competition, European Commission
Subjects: China, economic concentration, electric vehicle, electricity supply, financial services, joint venture, light-duty vehicle, merger control, motor car, motor vehicle industry, research and development








C_202400781EN.000101.fmx.xml












Official Journal of the European Union


EN
Series C













C/2024/781


11.1.2024






Prior notification of a concentration
(Case M.11384 – Mercedes-Benz Group/BMW/JV)
Candidate case for simplified procedure
(Text with EEA relevance)
(C/2024/781)


1.   
On 19 December 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:






—


Mercedes-Benz Group China Ltd. (‘MBGC’, People’s Republic of China), controlled by Mercedes-Benz Group AG,










—


BMW Brilliance Automotive Ltd. (‘BBA’, People’s Republic of China) controlled by Bayerische Motoren Werke Aktiengesellschaft.




MBGC and BBA will acquire, within the meaning of Article 3(1)(b) and Article 3(4) of the Merger Regulation joint control of a newly created company constituting a joint venture.
The concentration is accomplished by way of joint acquisition of registered capital in the newly created company.


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






—


MBGC is active in the manufacturing and sale of passenger cars and vans, as well as in the provision of financial services, mobility services, spare parts, and operates research and development centers,










—


BBA’s business operations include research and development, procurement, production, sales, and after-sales services of automobiles in China.






3.   

The business activities of the JV will be the following: Developing and operating a public charging infrastructure network for battery-powered cars 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 treatment for certain concentrations under Council Regulation (EC) No 139/2004 on the control of concentrations between undertakings (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.11384 – Mercedes-Benz Group/BMW/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 160, 5.5.2023, p. 1.


ELI: http://data.europa.eu/eli/C/2024/781/oj
ISSN 1977-091X (electronic edition)