CELEX: 32015M7590
Language: en
Date: 2015-04-23 00:00:00
Title: Commission Decision of 23/04/2015 declaring a concentration to be compatible with the common market (Case No COMP/M.7590 - BERKSHIRE HATHAWAY / DETLEV LOUIS MOTORRAD VERTRIEBSGESELLSCHAFT) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

|[pic]                             |EUROPEAN COMMISSION                                                                                      |

                                        Brussels, 23.04.2015
                                        C(2015)2849

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|To the notifying party:                                                |
|                                                                       |

Dear Sirs,

Subject:    Case M.7590 - BERKSHIRE HATHAWAY/ DETLEV LOUIS MOTORRAD VERTRIEBSGESELLSCHAFT
         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 25 March 2015, the European Commission received notification of a proposed concentration pursuant to Article 4 of the  Merger  Regulation
    by which Berkshire Hathaway Inc. (United States of America) acquires within the meaning of Article 3(1)(b) of the Merger Regulation  control
    of the whole of Detlev Louis Motorrad Vertriebsgesellschaft mbH (Germany) by way of purchase of shares.[3]

 2. The business activities of the undertakings concerned are:

    - Berkshire Hathaway Inc. is a holding company owning subsidiaries engaged in  a  number  of  business  activities  including  property  and
      casualty insurance, freight rail transportation, utilities and energy, finance, manufacturing, services and  retailing.  In  particular  it
      owns Brooks Sports Inc, which is engaged in design and  wholesale  of  performance  running  shoes  and  Fruit  of  the  Loom  Inc.,  which
      manufactures basic clothing products, including sports and casual wear.

    - Detlev Louis Motorrad Vertriebsgesellschaft mbH supplies motorcycle clothing, spare parts and supplies.

 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 111, 01.04.2015, p. 8.

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

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                                                                  PUBLIC VERSION

                                                           SIMPLIFIED MERGER PROCEDURE