CELEX: 32020M10046
Language: en
Date: 2020-12-10 00:00:00
Title: Commission Decision of 10/12/2020 declaring a concentration to be compatible with the common market (Case No COMP/M.10046 - DEUTSCHE TELEKOM / SK TELECOM / JV) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

EUROPEAN COMMISSION
                                                                Brussels, 10.12.2020
                                                                C(2020) 9155 final
                                                                                PUBLIC VERSION
                                                                To the notifying parties
Subject:        Case M.10046 - DEUTSCHE TELEKOM / SK TELECOM / 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,
On 18 November 2020, the European Commission received notification of a proposed
concentration pursuant to Article 4 of the Merger Regulation by which Deutsche Telekom
AG, (“DT”, Germany) and SK Telecom Co., Ltd. (“SKT”, South Korea), acquire within the
meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control of a newly
created company constituting a joint venture (the “JV”) by way of purchase of shares.3
1.      The business activities of the undertakings concerned are:
             for DT: telecommunications company as well as a provider of information and
              communication technology (“ICT”), offering fixed-network/ broadband, mobile
              communications, internet, IPTV products, services and solutions for consumers
              and business customers,
             for SKT: a telecommunication company, active in ICT and in the development of
              5G communication and technology. SKT is ultimately controlled by SK Holdings
              Co., Ltd., the parent of a family of businesses which have a wide range of
              activities, including in chemicals, construction, energy, engineering, semi-
              conductors, telecommunications and trading ("SK Group"),
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 403,26.11.2020, p.13.
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---        for the JV: it will be dedicated to the development of radio frequency repeater
        technology and the licensing of resulting intellectual property rights to third
        parties.
2. 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
3. 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.
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