CELEX: 32019M9327
Language: en
Date: 2019-06-27 00:00:00
Title: Commission Decision of 27/06/2019 declaring a concentration to be compatible with the common market (Case No COMP/M.9327 - Jiangsu Yangzijiang Shipbuilding Co., Ltd. / Mitsui E&S Shipbuilding Co., Ltd. / Mitsui & Co., Ltd.) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

EUROPEAN COMMISSION
                                                                Brussels, 27.6.2019
                                                                C(2019) 5008 final
                                                                                      PUBLIC VERSION
                                                                To the notifying parties
Subject:         Case M.9327 - YZJ GROUP / MITSUI E&S GROUP / MITSUI & CO
                 GROUP / JV
                 Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC)
                                 1                                                                             2
                 No 139/2004 and Article 57 of the Agreement on the European Economic Area
Dear Sir or Madam,
1.      On 3 June 2019, the European Commission received notification of a proposed
        concentration pursuant to Article 4 of the Merger Regulation by which Mitsui E&S
        Shipbuilding Co., Ltd (Japan) (“MES”) and Mitsui E&S Co., Ltd (China) (“MIC”), both
        belonging to the Mitsui E&S Group ( “the Mitsui E&S Group”) which is ultimately
        controlled by Mitsui E&S Holding Co Ltd, Mitsui & Co., Ltd (Japan), and Jiangsu
        Yangzijiang Shipbuilding Co., Ltd (China), belonging to the YZJ Group (“the YZJ
        Group”) which is ultimately controlled by Yangzijiang Shipbuilding (Holdings) Ltd (all
        together “the Parties”), acquire within the meaning of Articles 3(1)(b) and 3(4) of the Merger
        Regulation joint control of Jiangsu Yangzi-Mitsui Shipbuilding Co., Ltd (China) (“the JV”)
        (“the Transaction”).
        The concentration is accomplished by way of purchase of shares and contribution of assets
        in a newly created company constituting a joint venture.3
2.      The business activities of the undertakings concerned are:
        −     for the Mitsui E&S Group: active in the manufacturing of ships, such as naval ships,
              bulk carriers, tankers and LNG carriers, as well as in the provision of engineering and
              consulting services. The MES Group is also engaged in the wholesale, import and
              export of ships and marine equipment;
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, 12.06.2019, p. 25.
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---    −    for the Mitsui & Co Ltd: worldwide provision of logistics and financing of major
        international infrastructure developments in fields, such as, iron, steel, mineral and
        metal resources, and transportation systems;
   −    for the YZJ Group: active in the manufacturing of commercial ships, including
        container ships, bulk vessels and special vessels, as well as in financial investment and
        metal trading;
   −    for the JV: to be active in the shipbuilding of merchant ships, in particular, bulk
        carriers, oil tankers and LNG carriers, for the Chinese and worldwide markets.
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)
   and 5(c) 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
4  OJ C 366, 14.12.2013, p. 5.
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