CELEX: 32021M10271
Language: en
Date: 2021-07-29 00:00:00
Title: Commission Decision of 29/07/2021 declaring a concentration to be compatible with the common market (Case No COMP/M.10271 - LIXIL / SCHÜCO / JV) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

EUROPEAN COMMISSION
                                                                 Brussels, 29.7.2021
                                                                 C(2021) 5828 final
                                                                                 PUBLIC VERSION
                                                                 LIXIL Corporation
                                                                 2-1-1 Ojima, Koto-ku
                                                                 Tokyo 136-8535
                                                                 Japan
                                                                 Schüco International KG
                                                                 Karolinenstrasse 1-15
                                                                 33609 Bielefeld
                                                                 Germany
Subject:        Case M.10271 – LIXIL / SCHÜCO / JV
                Commission decision pursuant to Article 6(1)(b) of Council Regulation
                (EC) No 139/20041 and Article 57 of the Agreement on the European
                Economic Area2
Dear Sir or Madam,
1.      On 30 June 2021, the European Commission received notification of a proposed
        concentration pursuant to Article 4 of the Merger Regulation by which the
        undertakings LIXIL Corporation (‘Lixil’, Japan) and Schüco International KG
        (‘Schüco’, Germany), belonging to the group Otto Fuchs Beteiligungen KG, intend to
        acquire within the meaning of Articles 3(1)(b) and 3(4) of the Merger Regulation joint
        control of the undertaking Schueco Japan K.K. (‘JV’, Japan), an existing undertaking
        solely controlled by Schüco to be transformed to a joint venture, by way of purchase
        of shares.3
2.      The business activities of the undertakings concerned are:
              for Lixil: Manufacturing of building materials and housing equipment,
              for Schüco: Development and sale of system solutions made of aluminium,
                 steel and uPVC for building envelopes,
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 272, 8.7.2021, p. 33.
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---         for JV: Design and sales of aluminium systems, products and services in the
           architectural construction segment in Japan.
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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