CELEX: 32020M9915
Language: en
Date: 2020-08-26 00:00:00
Title: Commission Decision of 26/08/2020 declaring a concentration to be compatible with the common market (Case No COMP/M.9915 - MITSUBISHI CORPORATION ENERGY / ENEOS / TAIYO KOYU) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

EUROPEAN COMMISSION
                                                               Brussels, 26.08.2020
                                                               C(2020) 5941 final
                                                                          PUBLIC VERSION
                                                               To the notifying parties
Subject:        Case M.9915 – MITSUBISHI CORPORATION ENERGY / ENEOS /
                TAIYO KOYU
                Commission decision pursuant to Article 6(1)(b) of Council Regulation
                                       1
                (EC) No 139/2004 and Article 57 of the Agreement on the European
                                    2
                Economic Area
Dear Sir or Madam,
1.      On 28 July 2020, the European Commission received notification of a proposed
        concentration pursuant to Article 4 of the Merger Regulation by which the
        undertakings Mitsubishi Corporation Energy (“MCE”, Japan), controlled by
        Mitsubishi Corporation and ENEOS Corporation (“ENEOS”, Japan), controlled by
        ENEOS Holdings Inc. acquire within the meaning of Article 3(1)(b) and 3(4) of the
        Merger Regulation joint control over the whole of the undertaking Taiyo Koyu Co.,
        Ltd. (“Taiyo Koyu”, Japan) by way of purchase of shares.3
2.      The business activities of the undertakings concerned are:
        −     for MCE: the sale and trade (export/import) of petroleum products, construction
              and operation of fuel stations, and sale of various industrial products,
        −     for ENEOS: energy, including production and sale of petroleum products,
              petrochemicals, electricity, lubricants, coal and hydrogen,
        −     for Taiyo Koyu: the operation of full service and self-service fuel stations for
              trucks in Japan, the retail sale of gasoline, kerosene, diesel, lubricating oils, and
              other petroleum products, the sale of automotive parts, car inspection, and other
              car maintenance services.
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 256, 4.8.2020, p. 3.
Commission européenne, DG COMP MERGER REGISTRY, 1049 Bruxelles, BELGIQUE
Europese Commissie, DG COMP MERGER REGISTRY, 1049 Brussel, BELGIË
Tel: +32 229-91111. Fax: +32 229-64301. E-mail: COMP-MERGER-REGISTRY@ec.europa.eu.
 ---pagebreak--- 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)
                                                  Olivier GUERSENT
                                                  Director-General
4  OJ C 366, 14.12.2013, p. 5.
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