CELEX: 32014M7271
Language: en
Date: 2014-07-14 00:00:00
Title: Commission Decision of 14/07/2014 declaring a concentration to be compatible with the common market (Case No COMP/M.7271 - RUSSIAN MACHINES / FRITZMEIER / JV) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

|[pic]                             |EUROPEAN COMMISSION                                                                                      |
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                                        Brussels, 14.7.2014
                                        C(2014) 5114 final

                                        To the notifying parties:

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

Subject:    Case M.7271- RUSSIAN MACHINES / FRITZMEIER / JV
         Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC) No 139/2004[1]

 1. On 17.06.2014, the European Commission received notification of a proposed concentration pursuant to Article 4 of the  Merger  Regulation  by
    which Russian Machines RM (“Russian Machines” of Russian Federation), ultimately controlled by Basic  Element  (of  Russian  Federation)  and
    Fritzmeier Auslandsholding GmbH & Co. KG (“Fritzmeier” of Germany), ultimately controlled by  the  Fritzmeier  Group  (of  Germany),  acquire
    within the meaning of Article 3(1)(b) of the  Merger Regulation joint control over a newly created joint venture ("JV", Russian Federation).

 2. The business activities of the undertakings concerned are:

      -     for Russian Machines: active in the Russian Federation as manufacturer of a broad range of civilian machines and equipment;

      -     for Fritzmeier:  active worldwide in manufacturing driver’s cabs, system parts and  components  for  the  vehicle  industry  and  for
           agriculture;

      -     for JV: will be active, in  the  Russian  Federation  and  possibly  other  CIS  countries,  in  the  design,  engineering,  testing,
           manufacturing, assembly, marketing and selling of cabs to be used in construction equipment, agricultural  machinery,  forklifts  and
           other vehicles.[2]

 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.[3]

 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.

                                        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]   Publication in the Official Journal of the European Union No C 193, 24.06.2014, p. 24.
[3]   OJ C 366, 14.12.2013, p. 5.

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                                                                  PUBLIC VERSION

                                                           SIMPLIFIED MERGER PROCEDURE