CELEX: 32010M6043
Language: en
Date: 2010-12-16 00:00:00
Title: Commission Decision of 16/12/2010 declaring a concentration to be compatible with the common market (Case No COMP/M.6043 - MUBADALA / UTC / LOCKHEED MARTIN / AMMROC) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

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32010M6043

Commission Decision of 16/12/2010 declaring a concentration to be compatible with the common market (Case No COMP/M.6043 - MUBADALA / UTC / LOCKHEED MARTIN / AMMROC) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)  

         (.PICT.) |EUROPEAN COMMISSION     |
            Brussels , 16.12.2010
             SG-Greffe(2010) D/20320/ 20321/ 20322
            C(2010)9441  final
             PUBLIC VERSION
             MERGER PROCEDURE ARTICLE 6(1)(b) DECISION
             SIMPLIFIED PROCEDURE
             To the notifying parties
             Dear Madam(s) and/or Sir(s),
             Subject: Case No COMP/M.6043 - MUBADALA / UTC / LOCKHEED MARTIN / AMMROC  Notification of 12.11.2010 pursuant to Article 4 of Council Regulation (EC) No 139/2004  [1]  Publication in the Official Journal of the European Union No C 320, 25.11.2010 p.24
            1.  On 12/11/2010 the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 by which Mubadala Development Company PJSC (“Mubadala”, Abu Dhabi), Sikorsky Aircraft Corporation (“Sikorsky”, USA,  belonging to the United Technologies ("UTC") group), and Lockheed Martin Corporation ("Lockheed", USA) acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of Advanced Military Maintenance, Repair and Overhaul Center LLC ("Ammroc", United Arab Emirates) by way of purchase of shares in a newly created company constituting a joint venture.
            2.  The business activities of the undertakings concerned are:
            ·  UTC : high technology products and services for the building systems and aerospace  industries worldwide 
            ·  Mubadala : global investing in a wide range of strategic sectors, including energy, utilities, real estate, public-private partnerships, aerospace, basic industries and services
            ·  Lockheed : aeronautics, electronic systems, information systems and space systems
            ·  Ammroc JV : maintenance, repair and overhaul (“MRO”) services for military fixed wing  and rotary wing aircraft as well as related modification and upgrade services, supply chain management services and  maintenance contract management services
            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 [2]  .  
            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.
             For the Commission,
             (signed) Alexander ITALIANER Director General
            [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 C 56, 5.3.2005, p. 32.