CELEX: 32018M9075
Language: en
Date: 2018-10-29 00:00:00
Title: Commission Decision of 29/10/2018 declaring a concentration to be compatible with the common market (Case No COMP/M.9075 - Continental Automotive Holding Co., Ltd. (Shanghai) / Sichuan Chengfei Integration Technology Corp., Ltd. / Continental CALB Battery Power System Co. Ltd. (JV)) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

EUROPEAN COMMISSION
                                                                Brussels, 29.10.2018
                                                                C(2018) 7327 final
                                                                          PUBLIC VERSION
                                                                To the notifying parties
Subject:        Case M.9075 – Continental / CITC/ JHTD / JV
                Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC)
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                No 139/2004 and Article 57 of the Agreement on the European Economic Area
Dear Sir or Madam,
1.      On 3 October 2018, the European Commission received notification of a proposed
        concentration pursuant to Article 4 of the Merger Regulation by which Continental
        Automotive Holding Co., Ltd ("Continental Automotive", China), belonging to
        Continental AG (Germany), Sichuan Chengfei Integration Technology Corp., Ltd ("CITC",
        China), belonging to Aviation Industry Corporation of China (China) and Jiangsu Jintan
        Hualuogeng Technology Development Ltd ("JHTD", China) controlled by Changzhou
        Investment Holding Co., Ltd and Jintan Investment Holding Co., Ltd acquire within the
        meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control of Continental
        CALB Battery Power System Co., Ltd ("JV", China) by way of purchase of shares in a
        newly created company constituting a joint venture.3
2.      The business activities of the undertakings concerned are:
        –        Continental Automotive is a foreign-invested holding company, indirectly wholly-
                 owned by Continental AG, a German automotive manufacturing group mainly
                 specialising in products for the automotive and transportation industries,
        –        CITC is active in designing and manufacturing batteries and power systems via its
                 subsidiary, China Aviation Lithium Battery Co., Ltd.. CITC is directly owned by
                 Aviation Industry Corporation of China (“AVIC”), a state-owned enterprise,
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 366, 10.10.2018, p. 14.
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---     –      JHTD is an investment vehicle. JHTD is controlled by two investment companies4,
           which are in turn each controlled by two local government bodies of Changzhou5,
   –       The JV will develop, produce and sell battery systems for mild hybrid electric
           vehicles. The product portfolio will feature low voltage battery systems, battery
           system application software, battery cells and battery management systems, as well
           as supply chain management of battery systems.
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 139/2004.6
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   Changzhou Investment Holding Co., Ltd. and Jintan Investment Holding Co., Ltd.
5   Changzhou City Government and Changzhou City Jintan District Government.
6  OJ C 366, 14.12.2013, p. 5.
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