CELEX: 32013M6799
Language: en
Date: 2013-01-31 00:00:00
Title: Commission Decision of 31/01/2013 declaring a concentration to be compatible with the common market (Case No COMP/M.6799 - MITSUI / PAG) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

Important legal notice

|

32013M6799

Commission Decision of 31/01/2013 declaring a concentration to be compatible with the common market (Case No COMP/M.6799 - MITSUI / PAG) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)  

          |EUROPEAN COMMISSION      |
             Brussels, 31/01/2013
             PUBLIC VERSION C(2013) 614
             SIMPLIFIED MERGER PROCEDURE
            To the notifying parties: | |
             | |
             Dear Madam(s) and/or Sir(s),
             Subject: Case No COMP/M.6799 – MITSUI/ PAG/ PAG ITALY Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC) No 139/2004  [1]  
             1. On 3 January 2013, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by which Mitsui & Co., Ltd (“Mitsui”, Japan) and Penske Automotive Group Inc. (“PAG”, USA) acquire within the meaning of Article 3(1)(b) of the Merger Regulation indirect joint control over of a newly created joint venture PAG Italy S.r.l (“PAG Italy”, Italy), by way of a purchase of shares [2]  . 
             2. The business activities of the undertakings concerned are:
             - for Mitsui: major trading house engaged in a number of worldwide commodities and other businesses, including the sale of motor vehicles, motorcycles, motor vehicle and motorcycle parts and accessories;
             - for PAG: automobile dealerships in North America, the United Kingdom and Germany, including sale, maintenance and repair of motor vehicles and other ancillary products such as finance and insurance products;
             - for PAG Italy: BMW dealerships in Italy.
             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) 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
            [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 007, 11/01/2013, p11.
            [3] OJ C 56, 5.3.2005, p. 32.