CELEX: 32019M9180
Language: en
Date: 2019-01-22 00:00:00
Title: Commission Decision of 22/01/2019 declaring a concentration to be compatible with the common market (Case No COMP/M.9180 - Volkswagen / Daimler / MT Holding) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

EUROPEAN COMMISSION
                                                                Brussels, 22.01.2019
                                                                C(2019) 630 final
                                                                         PUBLIC VERSION
                                                                To the notifying parties
Subject:        Case M.9180 – VOLKSWAGEN / DAIMLER / HEYCAR
                Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC)
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                No 139/2004 and Article 57 of the Agreement on the European Economic Area
Dear Sir or Madam,
1.      On 19 December 2018, the European Commission received notification of a proposed
        concentration pursuant to Article 4 of the Merger Regulation by which the undertaking
        Leonie FS DVB GmbH ("DFS", Germany), ultimately controlled by Daimler AG
        ("Daimler") acquires within the meaning of Article 3(1)(b) and Article 3(4) of the Merger
        Regulation joint control over the whole of the undertaking Mobility Trader Holding GmbH
        ("MTH", Germany) together with the undertaking Volkswagen Financial Services AG
        ("VWFS", Germany), ultimately controlled by Volkswagen AG ("Volkswagen") by way of
        purchase of assets.3 MTH is currently exclusively controlled by Volkswagen through
        VWFS.
2.      The business activities of the undertakings concerned are:
             Volkswagen is globally active in the manufacture and sale of motor vehicles,
              including related spare parts and accessories, diesel engines and motorcycles.
              Volkswagen also provides financial services, including financing, leasing, insurance,
              fleet management services and mobility solutions.
             Daimler is globally active in the manufacture and sale of motor vehicles, mainly
              passenger cars, trucks, vans and buses. Its product portfolio also includes financing
              and leasing packages for dealers and customers, as well as financial services such as
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 2, 4.1.2019, p. 3.
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---         insurance brokerage, investment products, credit cards, and full fleet management and
        leasing services.
       MTH provides dealers and consumers in Germany with an online platform called
        HeyCar for the sale and purchase of high quality used cars.
        HeyCar is also active as an intermediary for automotive financing opportunities.
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
4  OJ C 366, 14.12.2013, p. 5.
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