CELEX: 32021M10334
Language: en
Date: 2021-09-24 00:00:00
Title: Commission Decision of 24/09/2021 declaring a concentration to be compatible with the common market (Case No COMP/M.10334 - BMW / DAIMLER / BP / DIGITAL CHARGING SOLUTIONS) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

EUROPEAN COMMISSION
                                                                Brussels, 24.9.2021
                                                                C(2021) 7073 final
                                                                                 PUBLIC VERSION
                                                                Bayerische Motoren Werke
                                                                Aktiengesellschaft
                                                                Petuelring 130
                                                                80809 Munich
                                                                Germany
                                                                Daimler AG
                                                                Mercedesstraße 120
                                                                70372 Stuttgart
                                                                Germany
                                                                BP Europa SE
                                                                Überseeallee 1
                                                                20457 Hamburg
                                                                Germany
Subject:        Case M.10334 — BMW/Daimler/BP/Digital Charging Solutions
                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 27 August 2021, the European Commission received notification of a proposed
        concentration pursuant to Article 4 of the Merger Regulation by which the
        undertakings Bayerische Motoren Werke Aktiengesellschaft (“BMW”, Germany),
        Daimler AG (“Daimler”, Germany), and BP Europa SE (Germany) belonging to the
        bp group (together with its group companies, “bp”, UK), acquire within the meaning
        of Article 3(1)(b) and 3(4) of the Merger Regulation joint control of Digital Charging
        Solutions GmbH, which operates CHARGE NOW (Germany; together with its
        subsidiary, the “JV”) by way of purchase of shares.3
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 358, 7.9.2021, p. 15-16.
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--- 2. The business activities of the undertakings concerned are:
   −    for BMW: With the trademarks BMW, MINI, Rolls Royce and BMW Motorrad,
        BMW is one of the most successful manufacturers of passenger cars and
        motorcycles active worldwide, as well as a provider of premium services in the
        field of individual mobility. Passenger cars include plug-in hybrid vehicles and
        battery-electric vehicles,
   −    for Daimler: Daimler is active globally in the development, manufacturing and
        distribution of automotive products, primarily passenger cars, trucks, vans and
        buses. Within the Daimler group, Mercedes-Benz AG is responsible for the global
        business of Mercedes-Benz Cars and Mercedes-Benz Vans and focuses on the
        development, production and sales of passenger cars (including plug-in hybrid
        vehicles and battery-electric vehicles), vans and services. Daimler Truck AG
        comprises the production and sale of commercial vehicles. Daimler Mobility AG
        focuses on financial and mobility solutions. Services range from rental, leasing,
        and financing offers to innovative fleet services, insurance, e-Payment platforms
        and investments in app-based mobility solutions such as car sharing, Mobility-as-
        a-Service (MaaS) and ride-hailing,
   −    for bp: BP Europa SE is a subsidiary within the bp group. The bp group, whose
        ultimate parent company is BP p.l.c. (UK), is an integrated energy company with
        operations in Europe, North and South America, Australasia, Asia and Africa.
        The bp group’s activities focus on four business areas: (i) production and
        operations of hydrocarbons (oil and gas); (ii) customers and products (which is
        growing bp’s convenience and mobility offering for customers); (iii) gas and low
        carbon energy (including renewables and integrated gas); and (iv) innovation and
        engineering for driving digital transformation,
   −    for JV: The JV operates under the brand name CHARGE NOW and is active in
        the development, marketing and the distribution of products and services in the
        field of mobility, offering information services and access technology to charging
        infrastructure for battery-electric and plug-inhybrid vehicles. It is further active in
        the distribution and purchase of electricity at charging points for battery-electric
        and plug-in hybrid vehicles, and services for the operation of charging stations for
        battery-electric and plug-in hybrid vehicles. The JV is asset-light and enables the
        back-end digital integration of e-mobility assets, predominately for white label
        products (B2B2C) for OEMs and fleet customers. The JV is primarily active in
        the EEA.
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 139/2004.4
4  OJ C 366, 14.12.2013, p. 5.
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 ---pagebreak--- 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
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