CELEX: 32019M9231
Language: en
Date: 2019-01-23 00:00:00
Title: Commission Decision of 23/01/2019 declaring a concentration to be compatible with the common market (Case No COMP/M.9231 - Gestamp North Europe Services / Etem Bulgaria, S.A.) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

EUROPEAN COMMISSION
                                                                Brussels, 23.01.2019
                                                                C(2019) 654 final
                                                                           PUBLIC VERSION
                                                                To the notifying parties:
Subject:        Case M.9231 - Viohalco Group/ACEK Group/Etem JVs
                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 20 December 2018, the European Commission received notification of a concentration
        pursuant to Article 4 of the Merger Regulation, by which the undertakings Etem Bulgaria,
        S.A. (“Etem”, Bulgaria) controlled by Viohalco, S.A., and Gestamp North Europe
        Services, S.L. (“Gestamp North Europe Services”, Spain) controlled by ACEK Desarrollo
        y Gestión Industrial, S.L. acquire within the meaning of Article 3(1)(b) and 3(4) of the
        Merger Regulation joint control over Gestamp Etem Automotive Bulgaria (“PostOps JVC
        Bulgaria”) and Etem Gestamp Aluminum Extrusions (“Production JVC” and together with
        PostOps JVC Bulgaria, the “JVs”), currently solely controlled by Etem.3
2.      The business activities of the undertakings concerned are:
             for Etem: its activities cover, inter alia, aluminium solutions and aluminium
              extrusions for various applications,
             for Gestamp North Europe Services: it engages in the design, development and
              manufacture of metal components and structural systems for the automotive industry,
             for Production JVC: it will manufacture aluminium extruded profiles,
             for PostOps JVC Bulgaria: it will comercialise and industrialise certain post-extrusion
              activities on extruded profiles.
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 6, 9.1.2019, p. 9.
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(b) 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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