CELEX: 32019M9201
Language: en
Date: 2019-01-09 00:00:00
Title: Commission Decision of 09/01/2019 declaring a concentration to be compatible with the common market (Case No COMP/M.9201 - Siemens AG / TUTPL) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

EUROPEAN COMMISSION
                                                                Brussels, 9.1.2019
                                                                C(2019) 128 final
                                                                             PUBLIC VERSION
                                                                To the notifying parties
Subject:        Case M.9201 - SIEMENS / TUTPL / SPC 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 4 December 2018, the European Commission received notification of a proposed
        concentration pursuant to Article 4 of the Merger Regulation by which the undertakings
        Siemens Aktiengesellschaft (Germany), (‘Siemens’), and TRIL Urban Transport Private
        Limited (India) (‘TUTPL’), controlled by Tata Sons Private Limited, acquire within the
        meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control of the
        undertaking SPC (India) 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:
              for Siemens: electrification, automation, digitalization, energy-efficient
                 technologies, systems for power generation and transmission, and systems for
                 medical diagnosis.
              for TUTPL: development of urban transport, infrastructure facilities and real estate.
              for SPC: construction, implementation, operation and maintenance of the rail
                 system (‘Metro Line 3’) of 23,33 km in Pune (India) which will connect Hinjewadi
                 to Shivajinagar.
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 454, 17.12.2018, p. 21.
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(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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