CELEX: 32022M10647
Language: en
Date: 2022-05-02 00:00:00
Title: Commission Decision of 02/05/2022 declaring a concentration to be compatible with the common market (Case No COMP/M.10647 - HOYA / BOE VISION / JV) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

EUROPEAN COMMISSION
                                                                 Brussels, 2.5.2022
                                                                 C(2022) 3036 final
                                                                                 PUBLIC VERSION
                                                                 Hoya Corporation
                                                                 20F Nittochi Nishishinjuku Building,
                                                                 6-10-1 Nishi-Shinjuku, Shinjuku-ku,
                                                                 Tokyo 160-8347
                                                                 Japan
                                                                 Beijing Boe Vision Electronic Technology
                                                                 Co., Ltd
                                                                 Building 3, No. 118, Jinghai 1st Road,
                                                                 Beijing Economic and Technological
                                                                 Development Zone
                                                                 100016, Beijing
                                                                 People’s Republic of China
Subject:        Case M.10647 - HOYA / BOE VISION / JV
                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 4 April 2022, the European Commission received notification of a proposed
        concentration pursuant to Article 4 of the Merger Regulation by which HOYA
        Corporation (“HOYA”, Japan) and Beijing BOE Vision Electronic Technology Co.,
        Ltd. (“BOE Vision”, People’s Republic of China), controlled by BOE Technology
        Group Co., Ltd. (People’s Republic of China), will acquire within the meaning of
        Articles 3(1)(b) and 3(4) of the Merger Regulation joint control over the whole of
        HOYA BOE Microelectronics China Ltd., a newly created company constituting a
        joint venture (“JV”, People’s Republic of China) by way of purchase of shares.3
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 157, 11.4.2022, p. 19.
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--- 2. The business activities of the undertakings concerned are the following:
       HOYA: research and development, manufacturing and sale of electronic products,
        including photomask blanks, photomasks and glass substrates for hard drive
        disks,
       BOE Vision: liquid crystal display manufacturing and technology development,
        technology transfer, technical consultation and technical services for liquid crystal
        display television, television and other end products and systems,
       JV: production and sale of photomasks for use in the production of flat panel
        displays.
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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