CELEX: 32020M9918
Language: en
Date: 2020-08-31 00:00:00
Title: Commission Decision of 31/08/2020 declaring a concentration to be compatible with the common market (Case No COMP/M.9918 - CUMMINS / ETC / NPROXX) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

EUROPEAN COMMISSION
                                                                Brussels, 31.08.2020
                                                                C(2020) 6019 final
                                                                                 PUBLIC VERSION
                                                                To the notifying parties
Subject:        Case M.9918 – CUMMINS / ETC / NPROXX
                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 7 August 2020, the European Commission received notification of a proposed
        concentration pursuant to Article 4 of the Merger Regulation by which Cummins Inc.
        (‘Cummins’, USA) and Enrichment Technology Company Ltd. (‘ETC’, UK) acquire
        within the meaning of Article 3(1)(b) of the Merger Regulation joint control over
        NPROXX B.V. (‘NPROXX’, the Netherlands) by way of purchase of shares.3
2.      The business activities of the undertakings concerned are:
        −     for Cummins: Cummins is a globally active US manufacturer of diesel and gas
              engines and power supply systems,
        −     for ETC: ETC is active in the design, development and manufacture of gas
              centrifuges for the enrichment of uranium for nuclear energy,
        −     for NPROXX: NPROXX is active in the design, development and sale of
              composite pressure vessels for the storage and transportation of hydrogen or for
              compressed natural gases (CNG). The pressure vessels are used for different
              applications in particular in the automotive and transport sectors.
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 268, 14.8.2020, 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)
                                                  Olivier GUERSENT
                                                  Director-General
4  OJ C 366, 14.12.2013, p. 5.
                                              2