CELEX: 32020M9954
Language: en
Date: 2020-10-30 00:00:00
Title: Commission Decision of 30/10/2020 declaring a concentration to be compatible with the common market (Case No COMP/M.9954 - SUMITOMO / AAR / JV) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

EUROPEAN COMMISSION
                                                                Brussels, 30.10.2020
                                                                C(2020) 7641 final
                                                                                PUBLIC VERSION
                                                                To the notifying parties
Subject:        Case M.9954 – SUMITOMO / AAR / 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 6 October 2020, the European Commission received notification of a proposed
        concentration pursuant to Article 4 of the Merger Regulation by which Sumitomo
        Corporation (“Sumitomo”, Japan) and AAR CORP. (“AAR”, USA) acquire within the
        meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control of AAR
        Sumisho Aviation Services LLC (the “JV”, USA). The concentration is accomplished
        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:
        —        for Sumitomo: a trading and investment company active in various sectors,
                 such as the trading of metal products, transportation and construction of
                 systems, environment and infrastructure, media, network and lifestyle related
                 products, mineral resources, energy, chemicals and electronics;
        —        for AAR: a diversified provider of products and services to worldwide
                 aviation, government and defence markets through its two business segments:
                 (i) Aviation Services; and (ii) Expeditionary Services;
        —        for the JV: The joint venture will distribute aircraft parts and offer aviation
                 logistics management solutions to the Japanese defense market, and distribute
                 parts from Original Equipment Manufacturers based in Japan to the global
                 aviation aftermarket.
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 342, 14.10.2020, 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(a) 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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