CELEX: 32020M9691
Language: en
Date: 2020-02-05 00:00:00
Title: Commission Decision of 05/02/2020 declaring a concentration to be compatible with the common market (Case No COMP/M.9691 - MAHINDRA & MAHINDRA / FORD MOTOR COMPANY / ARDOUR) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

EUROPEAN COMMISSION
                                                                Brussels, 05.02.2020
                                                                C(2020) 714 final
                                                                                 PUBLIC VERSION
                                                                To the notifying parties
Subject:        Case M.9691 – MAHINDRA & MAHINDRA / FORD MOTOR
                COMPANY / ARDOUR
                Commission decision pursuant to Article 6(1)(b) of Council Regulation
                                       1
                (EC) No 139/2004 and Article 57 of the Agreement on the European
                                    2
                Economic Area
Dear Sir or Madam,
1.      On 14 January 2020, the European Commission received notification of a proposed
        concentration pursuant to Article 4 of the Merger Regulation by which Mahindra and
        Mahindra Limited (India) and Ford Motor Company (United States), the latter acting
        through its wholly-owned subsidiary Ford Motor International Holdings Limited
        acquire within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint
        control over Ardour Automotive Private Limited, a newly incorporated company by
        way of purchase of shares.3
2.      The business activities of the undertakings concerned are:
             for Mahindra and Mahindra Limited: M&M is the parent company of the
              Mahindra Group which is active in various sectors including, amongst others,
              automotive and automotive aftermarket.
             for Ford Motor Company: FMC is the parent company of the Ford Group which
              designs, manufactures, markets and services a full line of Ford cars, trucks,
              SUVs, electrified vehicles and Lincoln luxury vehicles, provides financial
              services through Ford Motor Credit Company and is also active in electrification,
              autonomous vehicles and mobility solutions.
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 23, 23.1.2020, p. 11.
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 Ardour Automotive Private Limited: The JV will design, engineer, test,
        manufacture, market, sell, distribute and export passenger vehicles as well as
        replacement and service parts and components and assemblies for such vehicles.
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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