CELEX: 32014M7413
Language: en
Date: 2014-12-15 00:00:00
Title: Commission Decision of 15/12/2014 declaring a concentration to be compatible with the common market (Case No COMP/M.7413 - CHEUNG KONG HOLDINGS / MITSUBISHI CORPORATION / JV) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

|[pic]                             |EUROPEAN COMMISSION                                                                                      |

                                        Brussels, 15.12.2014
                                        C(2014) 9959 final

                                        [pic]

|To the notifying parties:                                              |
|                                                                       |

Dear Madam(s) and/or Sir(s),

Subject:    Case M.7413 - CHEUNG KONG HOLDINGS/ MITSUBISHI CORPORATION/ 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 20 November 2014, the European Commission received notification of  a  proposed  concentration  pursuant  to  Article  4  of  the  Merger
    Regulation by which the undertakings Cheung Kong (Holdings) Limited ("CKH", Hong Kong) and  Mitsubishi  Corporation  ("MC",  Japan)  acquire
    within the meaning of Article 3(1)(b) and article 3(4) of the Merger Regulation joint control over a newly created joint venture (“JV”, Hong
    Kong), by way of purchase of assets.[3]

 2. The business activities of the undertakings concerned are:

    - CKH : investment holding, property development and investment, hotel and  serviced  suite  operation,  property  and  project  management,
    investment in infrastructure business and securities and acquisition, and sale and leasing of aircraft to commercial airline companies;

    - MC : global integrated business enterprise engaged in business with customers around the world in industries including  environmental  and
    infrastructure business, industrial finance, energy, metals, machinery, chemicals and food. MC is also active in the acquisition,  sale  and
    leasing of aircraft to commercial airline companies;

    the JV : acquisition, sale and leasing of aircraft to commercial airline companies.

 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(c) 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 429, 29.11.2014, p. 8.

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

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                                                                  PUBLIC VERSION

                                                           SIMPLIFIED MERGER PROCEDURE