CELEX: 32017M8227
Language: en
Date: 2017-01-04 00:00:00
Title: Commission Decision of 04/01/2017 declaring a concentration to be compatible with the common market (Case No COMP/M.8227 - RHEINMETALL / ZHEJAN YINLUN MACHINERY / JV) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

EUROPEAN COMMISSION
                     
                  
               
               Brussels, 04/01/2017
            
            
               C(2017) 37 final
            
            
               
                  PUBLIC VERSION
               
            
            
            
               To the notifying parties
            
            
               Subject:Case M.8227 - RHEINMETALL / ZHEJAN YINLUN MACHINERY / JV
                  Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC) No 139/2004
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                and Article 57 of the Agreement on the European Economic Area
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               Dear Sir or Madam,
            
            
               1.On 5th December 2016, the European Commission received notification of a proposed concentration pursuant to Article 4 and following a referral pursuant to Article 4(5) of the Merger Regulation by which the undertakings Rheinmetall AG (‘Rheinmetall’, Germany) and Zhejan Yinlun Machinery Co., Ltd (‘Yinlun’, China), acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of the whole of the undertaking Pierburg Yinlun Emission Technology Co., Ltd (‘the JV’, China) by way of purchase of shares in a newly created company constituting a joint venture.
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               2.The business activities of the undertakings concerned are:
            
            
                     
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                        Rheinmetall is active in the manufacturing and supply of defence equipment and automotive components such as exhaust gas recirculation (‘EGR’) valves and modules,
                     
                  
               
            
                     
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                        Yinlun is active in the manufacturing and supply of automotive components such as EGR coolers primarily in China,
                     
                  
               
            
                     
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                        the JV will be active in the design, production and sale of EGR modules for diesel engines in passenger and light commercial vehicles to Original Equipment Manufacturers and Suppliers in Greater China.
                     
                  
               
            
               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.
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               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
            
         
         
            
                  
                     (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 466, 14.12.2016, p. 21.
               
               
                  
                     (4)
                  
                  
                      
                           OJ C 366, 14.12.2013, p. 5.