CELEX: 32019M9145
Language: en
Date: 2019-03-01 00:00:00
Title: Commission Decision of 01/03/2019 declaring a concentration to be compatible with the common market (Case No COMP/M.9145 - Kongsberg Gruppen ASA / Rolls-Royce plc) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

EUROPEAN COMMISSION
                                                                Brussels, 1.3.2019
                                                                C(2019) 1836 final
                                                                            PUBLIC VERSION
                                                                To the notifying party
Subject:        Case M.9145 - KONGSBERG GRUPPEN / ROLLS-ROYCE COMMERCIAL
                MARINE
                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 6 February 2019, the European Commission received notification of a proposed
        concentration pursuant to Article 4 of the Merger Regulation by which the undertaking
        Kongsberg Gruppen ASA (‘Kongsberg’, Norway) acquires within the meaning of
        Article 3(1)(b) of the Merger Regulation sole control of Rolls-Royce plc.’s commercial
        marine products, systems and aftermarket services business (‘Rolls-Royce Commercial
        Marine’, United Kingdom) by way of purchase of shares and assets.3
2.      The business activities of the undertakings concerned are:
              Kongsberg is the holding company of the Kongsberg group, which supplies
                 technological systems and solutions for use in the marine, defence, aerospace and
                 oil and gas industries,
              Rolls-Royce Commercial Marine is the commercial marine business within the
                 Rolls-Royce group that supplies components, systems and digital elements
                 primarily for civil marine vessels. It does not include Rolls-Royce’s power systems
                 business.
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 57, 13.2.2019, p. 29.
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(c) 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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