CELEX: 32014M7130
Language: en
Date: 2014-01-31 00:00:00
Title: Commission Decision of 31/01/2014 declaring a concentration to be compatible with the common market (Case No COMP/M.7130 - FREY AUTOMOBIL HOLDING DEUTSCHLAND / MITSUBISHI MOTORS EUROPE / MITSUBISHI MOTORS DEUTSCHLAND) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

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                                        Brussels, 31.01.2014
                                        C(2014) 634

                                        To the notifying parties:

Dear Madam(s) and/or Sir(s),

Subject:    Case No COMP/M.7130 - FREY AUTOMOBIL HOLDING DEUTSCHLAND / MITSUBISHI MOTORS EUROPE / MITSUBISHI MOTORS DEUTSCHLAND
         Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC) No 139/2004[1]

   1. On 19.12.2013, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation  by
      which the undertakings Frey Automobil Holding Deutschland GmbH (Germany, belonging to the Emil Frey Group)  and  Mitsubishi  Motors  Europe
      B.V. (the Netherlands, belonging to the Mitsubishi Motors Corporation) acquire  within  the  meaning  of  Article  3(1)(b)  of  the  Merger
      Regulation joint control of the undertaking MMDA Automobile GmbH (Germany) by way of purchase of shares[2].

   2. The business activities of the undertakings concerned are:

      -     for Frey Automobil Holding Deutschland GmbH : the wholesale distribution of motor vehicles of the  'Subaru'  brand  as  well  as  the
           retail distribution of vehicles of several other car brands, both in Germany

      -     for Mitsubishi Motors Europe B.V. : the wholesale distribution of 'original equipment' motor vehicle spare parts of the  'Mitsubishi'
           brand via subsidiaries in Germany, Sweden, the Netherlands, Belgium and Portugal

      -     for MMDA Automobile GmbH : formerly named Mitsubishi Motors Deutschland GmbH, a subsidiary of Mitsubishi Motors Europe  B.V.,  active
           in the wholesale distribution of vehicles and motor vehicle spare parts of the 'Mitsubishi' brand as well as the retail  distribution
           of passenger cars of the same brand, both in Germany.

   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(c)i and  (c)ii  of  the  Commission  Notice  on  a  simplified  procedure  for  treatment  of  certain
      concentrations under Council Regulation (EC) No 139/2004[3].

   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
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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]   Publication in the Official Journal of the European Union No C 382, 31.12.2013, p. 6.

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

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                                                           SIMPLIFIED MERGER PROCEDURE

                                                                  PUBLIC VERSION