CELEX: 32010M5879
Language: en
Date: 2010-11-09 00:00:00
Title: Commission Decision of 09/11/2010 declaring a concentration to be compatible with the common market (Case No COMP/M.5879 - ALSTOM / RZD / CYPRIOT COMPANIES / TMH) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

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32010M5879

Commission Decision of 09/11/2010 declaring a concentration to be compatible with the common market (Case No COMP/M.5879 - ALSTOM / RZD / CYPRIOT COMPANIES / TMH) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)  

         (.PICT.) |EUROPEAN COMMISSION     |
            Brussels , 09.11.2010
             SG-Greffe(2010) D/17853, 17854, 17855, 17856, 17857
             C(2010) 7881
             PUBLIC VERSION
             MERGER PROCEDURE ARTICLE 6(1)(b) DECISION
             SIMPLIFIED PROCEDURE
              To the notifying parties:
             Dear Madam(s) and/or Sir(s),
             Subject: Case No COMP/M.5879 - ALSTOM/ RZD/ CYPRIOT COMPANIES/ TMH Notification of 01.10.2010 pursuant to Article 4 of Council Regulation (EC) No 139/2004  [1]  Publication in the Official Journal of the European Union No C 278, 15.10.2010 p.23
            1.  On 01.10.2010, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by which Alstom Holdings ("Alstom", France), Russian Railways ("RZD", Russia), and certain Cypriot companies (Ammonis Trading Limited, Latorio Holdings Limited and Mafrido Trading Limited, together "the Cypriot Companies", Cyprus) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of CJSC Transmashholding ("TMH", Russia) by way of purchase of shares.
            2.   The business activities of the undertakings concerned are:
              - for Alstom: group of companies active world-wide mainly in the manufacture of equipment and the provision of services for power generation, power transmission, and rail transport.
              - for RZD: state-owned railway company and rail operator in Russia and in certain CIS states.
              - for the Cypriot Companies: financial investment companies whose activities are limited to indirectly holding shares of TMH.
              - for TMH: manufacture and maintenance of locomotives and rail equipment active mainly in Russia and some EEA states.
            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 [2]  .  
            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 European 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] OJ C 56, 5.3.2005, p. 32.