CELEX: 32016M8112
Language: en
Date: 2016-08-17 00:00:00
Title: Commission Decision of 17/08/2016 declaring a concentration to be compatible with the common market (Case No COMP/M.8112 - JAPAN TUNNEL SYSTEMS CORPORATION / MITSUBISHI HEAVY INDUSTRIES / JV) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

|[pic]                             |EUROPEAN COMMISSION                                                                                      |

                                        Brussels, 17.8.2016
                                        C(2016) 5418 final

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                                        |                                                                       |To the notifying parties:                                              |

Dear Sirs,

Subject:    Case M.8112 – JAPAN TUNNEL SYSTEMS CORPORATION / MITSUBISHI HEAVY INDUSTRIES / JV
         Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC) No 139/2004[1] and Article 57 of the Agreement on the
         European Economic Area[2]

 1. On 19 July 2016, the Commission received notification of a proposed concentration pursuant to Article 4 of the Merger  Regulation  by  which
    the undertakings Japan Tunnel Systems Corporation ('JTSC', Japan) and Mitsubishi  Heavy  Industries  Mechatronics  Systems,  Ltd  ('MHI-MS',
    Japan), a wholly owned subsidiary of Mitsubishi Heavy Industries, acquire within the meaning of Article 3(1)(b)  of  the  Merger  Regulation
    joint control of a newly created joint venture by way of  purchase of shares.[3]

 2. The business activities of the undertakings concerned are:

      – for JTSC : JTSC is active in the manufacture and sale of tunnel boring machines,

      – for MHI-MS : MHI-MS is active in the design and manufacture of equipment related to pollution  prevention,  environment  improvement  and
        industrial-use (including tunnel boring machines) and general equipment.

 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)
                                        Johannes LAITENBERGER
                                        Director-General

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[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 275, 28.7.2016, p. 5.
[4]   OJ C 366, 14.12.2013, p. 5.

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                                                                  PUBLIC VERSION

                                                           SIMPLIFIED MERGER PROCEDURE