CELEX: 32015M7394
Language: en
Date: 2015-01-21 00:00:00
Title: Commission Decision of 21/01/2015 declaring a concentration to be compatible with the common market (Case No COMP/M.7394 - FUJITSU / PANASONIC / DBJ / JV) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

|[pic]                             |EUROPEAN COMMISSION                                                                                      |

                                        Brussels, 21.01.2015
                                        C(2015) 333 final

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                                        |To the notifying parties                                               |                                                                       |
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Dear Madam and Sir,

Subject:    Case M.7394 – FUJITSU / PANASONIC / DBJ / JV
         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]

 1. On 17 December 2014, the European Commission received notification of  a  proposed  concentration  pursuant  to  Article  4  of  the  Merger
    Regulation by which Fujitsu Limited (“Fujitsu”, Japan), Panasonic Corporation (“Panasonic”,  Japan)  and  Development  Bank  of  Japan  Inc.
    (“DBJ”, Japan) acquire within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation  joint  control  of  a  newly  created  joint
    venture (“NewCo”, Japan), by way of contribution of assets.[3]

 2. The business activities of the undertakings concerned are:

      -     for Fujitsu: provision of IT products and services;

      -     for Panasonic: provision of IT products and services;

      -     for DBJ : provision of investment and loan services;

      -     NewCo: design, manufacture and sale of large-scale integration semiconductor products, namely logic integrated circuit devices.

 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)
                                        Alexander ITALIANER
                                        Director-General
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[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 465, 24.12.2014, p. 28.

[4]   OJ C 366, 14.12.2013, p. 5.

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                                                                  PUBLIC VERSION

                                                           SIMPLIFIED MERGER PROCEDURE