CELEX: 32017M8502
Language: en
Date: 2017-06-15 00:00:00
Title: Commission Decision of 15/06/2017 declaring a concentration to be compatible with the common market (Case No COMP/M.8502 - SOFTBANK / BHARTI / HON HAI / SB ENERGY) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

EUROPEAN COMMISSION
                     
                  
               
               Brussels, 15/06/2017
            
            
               C(2017) 4271 final
            
            
               
                  PUBLIC VERSION
               
            
            
            
            
            
            
               To the Notifying parties
            
            
            
            
               Subject:Case M.8502 - SOFTBANK / BHARTI / HON HAI / SB ENERGY
                  Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC) No 139/2004
                  1
                and Article 57 of the Agreement on the European Economic Area
                  2
                
            
            
               Dear Sir or Madam,
            
            
               1.
                     On 17 May 2017, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by which SoftBank Group Corp. (Softbank, Japan), Bharti Overseas Private Limited (Bharti, India) and Hon Hai Precision Industry Co. (Hon Hai, Taiwan) acquire, within the meaning of Article 3(1)(b) of the Merger Regulation, joint control over SB Energy Holdings Limited (SB Energy), currently solely controlled by SoftBank
                  3
               .  
            
            
               `
                     The business activities of the undertakings concerned are:
            
            
                  –
                     SoftBank is an internet company which provides a comprehensive range of telecommunication services and products, primarily in Japan and the USA.;
            
            
                  –
                     Bharti is a holding and investment company. The principal activities of the company include investing and rendering services in telecommunications, hospitality, real estate development and other sectors like infrastructure ventures and web portals, as well as investing in equities, securities and instruments;
            
            
                  –
                     Hon Hai is a provider of third-party electronic manufacturing services to original equipment manufacturers of electronic products such as computers, mobile phones, video game consoles and televisions;
            
            
                  –
                     SB Energy engages in the bidding process for, and the development, construction and operation of, renewable energy (in particular, solar energy) projects in India.
            
            
               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)
               Johannes LAITENBERGER
                  Director-General
            
         
         
            
                  
                     (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 169, 30/05/2017, p52.
               
               
                  
                     (4)
                  
                  
                      
                           OJ C 366, 14.12.2013, p. 5.