CELEX: 31991M0099
Language: en
Date: 1991-06-28 00:00:00
Title: COMMISSION DECISION of 28.06.1991 declaring a concentration to be compatible with the common market (Case No IV/M.0099 - NISSAN / R. NISSAN) according to Council Regulation (EEC) No 4064/89 (Only the English text is authentic)

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31991M0099

COMMISSION DECISION of 28.06.1991 declaring a concentration to be compatible with the common market (Case No IV/M.0099 - NISSAN / R. NISSAN) according to Council Regulation (EEC) No 4064/89 (Only the English text is authentic)  

Official Journal C 181 , 12/07/1991 P. 0000

 COMMISSION DECISION of 28.06.1991 declaring a concentration to be compatible with the common market  (Case No IV/M.099 - NISSAN / R. NISSAN) according to Council Regulation (EEC) No 4064/89  (Only the English text is authentic)  The paper version of the decision is available through the sales offices of the Office of Official Publications of  the European Communities. PUBLIC VERSION MERGER PROCEDURE ARTICLE 6(1)(b) DECISION Registered with advice of delivery To the notifying party Dear Sirs, Subject:<ind> Case No IV/M099 - NISSAN/R.NISSAN <ind> <ind> <ind> Your notification pursuant to Article 4 of Council Regulation No 4064/89  1.<ind> On 20 February 1991, Nissan Europe N.V., a Dutch wholly owned subsidiary company of the Nissan  Motor Co Ltd (Nissan Group) and certain shareholders of Richard Nissan S.A. entered into an agreement by  which Nissan Europe N.V. will increase its present shareholding of 9,5% in Richard Nissan S.A. to 81,6%. <ind> Nissan Europe N.V. deals with the sales and marketing activities of the Nissan Group in Europe whose  main activity is in the vehicle sector. Richard Nissan S.A. is the French importer and distributor of the Nissan  products.  2.<ind> After examination of the notification, the Commission has come to the conclusion that the notified  operation falls within the scope of Council Regulation N  4064/89 and does not raise serious doubts as to its  compatibility with the Common Market.  3.<tab> CONCENTRATION AND COMMUNITY DIMENSION  a)<ind> Concentration  <ind> The proposed transaction is a concentration within the meaning of Art. 3(1)b of the Council Regulation  N  4064/89 since the Nissan Group will acquire control of Richard Nissan S.A..  b)<ind> Community dimension  <ind> The operation has a Community dimension: the worldwide and the Community-wide turnover in 1990 of  the Nissan Group amounted to ECU 35,2 and 3,8 billion respectively. The turnover of Richard Nissan S.A.  amounted to 342,6 MECU and arose exclusively from operations in France. The undertakings concerned do not  achieve more than two-thirds of their aggregate Community-wide turnover within one and the same Member  State.   4.<ind> COMPATIBILITY WITH THE COMMON MARKET  a)<ind> Product market  <ind> The product market concerned consists of the distribution of passenger cars, commercial vehicles and  forklifts. The proposed concentration constitutes a vertical integration whereby the Nissan Group acquires  control of its French distributor. The distribution of vehicles is normally operated by means of a pyramidal  structure which includes manufacturers, importers/distributors and dealers/subdealers. Agreements may be  upstream with the manufacturer or a related company or downstream with the dealer network. Richard Nissan  S.A. has a longstanding relationship with the Nissan Group.  b)<ind> The geographic reference market  <ind> It is not necessary to decide whether there exist a community or national market for the distribution of the  abovementioned products since, even in the latter alternative the operation does not raise serious doubts as its  compatibility with the Common Market. The market share held by Nissan in France for the three  abovementioned product groups are:  <tab> <tab> Passenger cars<tab> 1,11% <tab> <tab> Commercial vehicles<tab> 1,29% <tab> <tab> Forklifts<tab> 3,00%  <ind> A comparison between the Nissan Group position and that of the French car and vehicle manufacturers  reveals a wide gap. For forklifts, three big competitors with larger market shares exist: Fenwick-Linde (23%),  Clark (12%) and Toyota (11%). Furthermore, barriers to entry also exist into France for imports coming from  Japan.  c)<ind> The Nissan Group is a relatively small player in the European market. Its market shares in the  Community are: 2,67% for cars, 6,44% for commercial vehicles and 4,2% for forklifts. Market shares in  different Member States are as follow:  <tab> <tab> <tab>  Cars<tab> <tab> <tab>  Comm. vehicles<tab> Forklifts  <tab>  U.K.<tab> <tab>  <tab>  5,32%<tab>  <tab> <tab>  3,00%<tab> <tab> <tab>  5,6% <tab>  Belgium<tab> <tab>  4,74%<tab> <tab> <tab>  6,77%<tab> <tab> <tab>  2,5% <tab>  Holland<tab> <tab>  5,86%<tab> <tab> <tab>  8,46%<tab> <tab> <tab>  6,0% <tab>  Denmark<tab> <tab>  5,34%<tab> <tab> <tab>  9,47%<tab> <tab> <tab>  6,2% <tab>  Greece <tab> <tab>  12,16%<tab> <tab>  23,08%<tab> <tab> <tab>  15,1% <tab>  Ireland<tab> <tab>  10,09%<tab> <tab>  13,45%<tab> <tab> <tab>  10,1% <tab>  Spain<tab> <tab>  0,83%<tab> <tab>  21,33%<tab> <tab> <tab>  7,6% <tab>  Portugal<tab> <tab>   1,90%<tab> <tab>  11,05%<tab> <tab>  11,4%  5.<ind> ASSESSMENT OF THE CONCENTRATION  <ind> The concentration will not have horizontal effects, and will not lead to an increase of market shares. The  only economic effect will be the increase of the value added by the Nissan Group. The concentration will not  create or strengthen a dominant position which significantly impedes effective competition.   <ind> For the above reasons, the Commission has decided not to oppose the notified operation and to declare it  compatible with the Common Market. This decision is adopted in application of Article 6(1)b of the Council  Regulation N  4064/89.  For the Commission