CELEX: 32015M7867
Language: en
Date: 2015-12-22 00:00:00
Title: Commission Decision of 22/12/2015 declaring a concentration to be compatible with the common market (Case No COMP/M.7867 - KKCG / FOXCONN / JV) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

|[pic]                             |EUROPEAN COMMISSION                                                                                      |

                                        Brussels, 22.12.2015
                                        C(2015) 9809 final

                                        [pic]

|                                                                       |To the notifying parties:                                              |

Dear Sirs,

Subject:    Case M.7867 - KKCG / FOXCONN / 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 27 November 2015, the European Commission received notification of  a  proposed  concentration  pursuant  to  Article  4  of  the  Merger
    Regulation by which the undertakings KKCG PLC ("KKCG", Cyprus) and Foxconn Technology CZ s.r.o.  (Czech  Republic),  belonging  to  Hon  Hai
    Precision Industry Co. Ltd. ("Hon Hai/Foxconn", Taiwan) acquire within the meaning of Article 3(1)(b) and  3(4)  of  the  Merger  Regulation
    joint control of the whole of the undertaking SafeDX s.r.o. (the "JV", Czech Republic), by way of purchase of  shares  in  a  newly  created
    company constituting a joint venture.[3]

 2. The business activities of the undertakings concerned are:

  – KKCG: private investment in oil and gas, gaming and entertainment, tourism and the metal industry,

  – Hon Hai/Foxconn: design, development, manufacturing, assembly and after-sales services for  global  computer,  communications  and  consumer
    electronics companies,

  – The JV will provide data centre services, primarily with a focus on the Czech Republic.

 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

                                        -----------------------
[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 401, 03.12.2015, p. 7.

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

-----------------------

                                                                  PUBLIC VERSION

                                                           SIMPLIFIED MERGER PROCEDURE