CELEX: 32021M10366
Language: en
Date: 2021-08-17 00:00:00
Title: Commission Decision of 17/08/2021 declaring a concentration to be compatible with the common market (Case No COMP/M.10366 - DOCOMO / KOMATSU / LANDLOG) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

EUROPEAN COMMISSION
                                                                 Brussels, 17.08.2021
                                                                 C(2021) 6155 final
                                                                                 PUBLIC VERSION
                                                                 NTT DOCOMO, INC.
                                                                 Sanno Park Tower 11-1
                                                                 Nagata-cho 2-chome, Chiyoda-ku
                                                                 Tokio 100-6150
                                                                 Japan
                                                                 Komatsu Ltd.
                                                                 2-3-6, Akasaka, Minato-ku
                                                                 Tokio 107-8414
                                                                 Japan
Subject:         Case M.10366 - DOCOMO / KOMATSU / LANDLOG
                 Commission decision pursuant to Article 6(1)(b) of Council Regulation
                 (EC) No 139/20041 and Article 57 of the Agreement on the European
                 Economic Area2
Dear Sir or Madam,
1.      On 26 July 2021, the European Commission received notification of a proposed
        concentration pursuant to Article 4 of the Merger Regulation by which NTT
        DOCOMO, Inc. (“DOCOMO”, Japan), controlled by Nippon Telegraph and
        Telephone Corporation (“NTT”, Japan), and Komatsu Ltd. (“Komatsu”, Japan),
        acquire within the meaning of Articles 3(1)(b) and 3(4) of the Merger Regulation joint
        control over the whole of Landlog Ltd. (“Landlog”, Japan), which is currently wholly
        owned and solely controlled by Komatsu, by way of purchase of shares.3
2.      The business activities of the undertakings concerned are:
             for DOCOMO: main mobile phone operator in Japan, providing
              telecommunications services, 5G networks, ICT solutions and technical and
              operational services to other companies,
1       OJ L 24, 29.1.2004, p. 1 (the ‘Merger Regulation’). With effect from 1 December 2009, the Treaty on
        the Functioning of the European Union (‘TFEU’) has introduced certain changes, such as the
        replacement of ‘Community’ by ‘Union’ and ‘common market’ by ‘internal market’. The terminology
        of the TFEU will be used throughout this decision.
2       OJ L 1, 3.1.1994, p. 3 (the ‘EEA Agreement’).
3       Publication in the Official Journal of the European Union No C 309, 02.08.2021, p.10.
Commission européenne, DG COMP MERGER REGISTRY, 1049 Bruxelles, BELGIQUE
Europese Commissie, DG COMP MERGER REGISTRY, 1049 Brussel, BELGIË
Tel: +32 229-91111. Fax: +32 229-64301. E-mail: COMP-MERGER-REGISTRY@ec.europa.eu.
 ---pagebreak---        for Komatsu: manufacturer of construction, mining and forestry equipment, as
        well as diesel engines and industrial machinery such as press machines, lasers and
        thermoelectric generators, and
       for Landlog: supplier of an Internet of Things (“IoT”) platform in Japan to host
        software applications for the construction industry to be developed by third-party
        app providers. In addition, Komatsu will transfer to Landlog its current Smart
        Construction services business which provides enterprise application software for
        civil engineering processes in the construction industry.
3. After examination of the notification, the European Commission has concluded that
   the notified operation falls within the scope of the Merger Regulation and of
   paragraph 5(a) of the Commission Notice on a simplified procedure for treatment of
   certain concentrations under Council Regulation (EC) No 139/2004.4
4. For the reasons set out in the Notice on a simplified procedure, the European
   Commission has decided not to oppose the notified operation and to declare it
   compatible with the internal market and with the EEA Agreement. This decision is
   adopted in application of Article 6(1)(b) of the Merger Regulation and Article 57 of
   the EEA Agreement.
                                                     For the Commission
                                                     (Signed)
                                                     Olivier GUERSENT
                                                     Director-General
4  OJ C 366, 14.12.2013, p. 5.
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