CELEX: 32019M9394
Language: en
Date: 2019-10-09 00:00:00
Title: Commission Decision of 09/10/2019 declaring a concentration to be compatible with the common market (Case No COMP/M.9394 - ECHOSTAR / MUBADALA / HPE JV) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

EUROPEAN COMMISSION
                                                                Brussels, 9.10.2019
                                                                C(2019) 7374 final
                                                                                PUBLIC VERSION
                                                                To the notifying parties
Subject:        Case M.9394 – ECHOSTAR / MUBADALA / HPE JV
                Commission decision pursuant to Article 6(1)(b) of Council Regulation
                                       1
                (EC) No 139/2004 and Article 57 of the Agreement on the European
                                    2
                Economic Area
Dear Sir or Madam,
1.      On 13 September 2019, the European Commission received notification of a proposed
        concentration pursuant to Article 4 and following a referral pursuant to Article 4(5) of
        the Merger Regulation by which Hughes Network Systems, LLC (“Hughes”, United
        States of America), ultimately controlled by EchoStar Corporation (United States of
        America) and Al Yah Satellite Communications PrJSC (“Yahsat”, United Arab
        Emirates), controlled by Mubadala Investment Company PJSC (United Arab
        Emirates) acquire within the meaning of Article 3(1)(b) and 3(4) of the Merger
        Regulation joint control of HNS Participações e Empreendimentos Ltda. (“HPE”,
        Brazil) by way of purchase of shares.3
2.      The business activities of the undertakings concerned are:
        −     for Hughes: provision of broadband satellite technologies and broadband internet
              services to home and small office customers;
        −     for Yahsat: provision of multipurpose satellite solutions in the areas of broadband,
              broadcast, government and commercial communications;
        −     for HPE: provision of satellite services in Brazil.
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 316, 20.09.2019, p. 7.
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)
                                                  Cecilio MADERO VILLAREJO
                                                  Acting Director-General
4  OJ C 366, 14.12.2013, p. 5.
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