CELEX: 32020M9717
Language: en
Date: 2020-03-13 00:00:00
Title: Commission Decision of 13/03/2020 declaring a concentration to be compatible with the common market (Case No COMP/M.9717 - BERGÉ / MITSUBISHI CORPORATION / BERGÉ AUTO / JV) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

EUROPEAN COMMISSION
                                                                Brussels, 13.3.2020
                                                                C(2020) 1611 final
                                                                                 PUBLIC VERSION
                                                                To the notifying parties
Subject:        Case M.9717 – BERGÉ/MITSUBISHI CORPORATION/BERGÉ
                AUTO/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 20 February 2020, the European Commission received notification of a proposed
        concentration pursuant to Article 4 of the Merger Regulation by which the
        undertakings Bergé y Cía S.A (Spain) (“Bergé”), belonging to the Bergé Group and
        Mitsubishi Corporation (Japan) (“MC”) acquire within the meaning of Article 3(1)(b)
        and 3(4) of the Merger Regulation joint control over the whole of the undertaking
        Bergé Automoción S.L. (Spain) (“Bergé Auto”), controlled by Bergé by way of
        purchase of shares.3
2.      The business activities of the undertakings concerned are:
        —      for Bergé: Bergé is part of the Bergé Group. The Bergé Group is active within
               maritime ports, distribution of motor vehicles, logistics, renewable energy and
               finance;
        —      for MC: MC is active across several industries, including industrial finance,
               energy, metals, machinery, chemicals, food and environment and the
               distribution of motor vehicles;
        —      for Bergé Auto: Bergé Auto is active in the import, wholesale and retail
               distribution of motor vehicles of several brands, as well as the provision of after
               sales, financing and other services in Europe and in South America.
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 064, 27.2.2020, p. 34.
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(b) 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.
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