CELEX: 32020M9842
Language: en
Date: 2020-06-24 00:00:00
Title: Commission Decision of 24/06/2020 declaring a concentration to be compatible with the common market (Case No COMP/M.9842 - HITACHI CHEMICAL COMPANY / FIAMM ENERGY TECHNOLOGY) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

EUROPEAN COMMISSION
                                                                Brussels, 24.06.2020
                                                                C(2020) 4340 final
                                                                                 PUBLIC VERSION
                                                                To the notifying party
Subject:        Case M.9842 – HITACHI CHEMICAL COMPANY / FIAMM ENERGY
                TECHNOLOGY
                Commission decision pursuant to Article 6(1)(b) of Council Regulation
                (EC) No 139/20041 and Article 57 of the Agreement on the European
                Economic Area2
Dear Sir or Madam,
1.      On 2 June 2020, the European Commission received notification of a proposed
        concentration pursuant to Article 4 of the Merger Regulation by which the
        undertakings Hitachi Chemical Company Ltd. (“HCC”, Japan), controlled by Showa
        Denko K.K. (“SDK”, Japan) acquires within the meaning of Article 3(1)(b) of the
        Merger Regulation sole control over the whole of the undertaking Fiamm Energy
        Technology S.p.A (“FET”, Italy) by way of purchase of shares.3
2.      The business activities of the undertakings concerned are:
        −     for HCC: the production of functional materials such as electronics materials,
              inorganic materials, polymer science materials and printed wiring board materials
              and the production of advanced components and systems, such as automotive
              products, energy storage devices, electronics components and other diagnostic
              agents and instruments,
        −     for FET: the production and distribution of lead acid starter batteries and
              stationary batteries. FET is currently jointly controlled by HCC and Elettra 1938
              S.p.A. (“Elettra”, Italy).
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 196, 11.6.2020, p. 15.
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(d) 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)
                                                  Olivier GUERSENT
                                                  Director-General
4  OJ C 366, 14.12.2013, p. 5.
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