CELEX: 32021M10268
Language: en
Date: 2021-07-23 00:00:00
Title: Commission Decision of 23/07/2021 declaring a concentration to be compatible with the common market (Case No COMP/M.10268 - SYNNEX / TECH DATA) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

EUROPEAN COMMISSION
                                                                 Brussels, 23.7.2021
                                                                 C(2021) 5637 final
                                                                                 PUBLIC VERSION
                                                                 SYNNEX Corporation
                                                                 44201 Nobel Drive
                                                                 Fremont, California 94538
                                                                 United States of America
Subject:        Case M.10268 – SYNNEX / Tech Data
                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 30 June 2021, the European Commission received notification of a proposed
        concentration pursuant to Article 4 of the Merger Regulation by which SYNNEX
        Corporation (“SYNNEX”, United States of America) intends to acquire, within the
        meaning of Article 3(1)(b) of the Merger Regulation, sole control of the whole of
        Tech Data Corporation (“Tech Data”, United States of America), by way of exchange
        of shares.3
2.      The business activities of the undertakings concerned are:
              for SYNNEX: provision of technology products and solutions for IT systems
                 to resellers and retail customers outside the European Union as well as
                 comprehensive logistics, distribution, systems design, and integration services
                 for the technology industry. In the EEA4 , SYNNEX is only active in the
                 development and sale of custom-made servers and storage solutions for
                 datacentre users,
              for Tech Data: wholesale distribution of technology products and solutions to
                 resellers on a global basis.
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 (the “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 269, 7.07.2021, p. 7.
4       European Economic Area.
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--- 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(b) of the Commission Notice on a simplified procedure for treatment of
   certain concentrations under Council Regulation (EC) No 139/2004.5
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
5  OJ C 366, 14.12.2013, p. 5.
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