CELEX: 32019M9203
Language: en
Date: 2019-02-05 00:00:00
Title: Commission Decision of 05/02/2019 declaring a concentration to be compatible with the common market (Case No COMP/M.9203 - Shanghai Xingfu Motorcycle Co., Ltd / Pierburg Pump Technology GmbH / Pierburg Huayu Pump Technology Co., Ltd) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

EUROPEAN COMMISSION
                                                                Brussels, 5.2.2019
                                                                C(2019) 931 final
                                                                           PUBLIC VERSION
                                                                To the notifying parties:
Subject:        Case M.9203 - PIERBURG / XINGFU / XINGFU ASSETS
                Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC)
                                1                                                                             2
                No 139/2004 and Article 57 of the Agreement on the European Economic Area
Dear Sir or Madam,
1.      On 21 December 2018, the European Commission received notification of a proposed
        concentration pursuant to Article 4 of the Merger Regulation by which Pierburg Pump
        Technology GmbH ("Pierburg") (Germany), controlled by Rheinmetall Automotive AG
        ("RHA"), and Shanghai Xingfu Motorcycle Co., Ltd ("Xingfu") (China), controlled by
        Huayu Automotive Systems Company Limited ("HASCO"), belonging to the group of
        Shanghai Automotive Industry Corporation (Group) ("SAIC"), acquire, through their
        jointly controlled joint venture company Pierburg Huayu Pump Technology Co., Ltd
        ("Pierburg Huayu"), joint control within the meaning of Article 3(1)(b) and Article 3(4) of
        the Merger Regulation of the automotive pumps business of Xingfu. The concentration is
        accomplished by way of purchase of assets.3
2.      The business activities of the undertakings concerned are:
             Xingfu is active in the business of manufacturing automotive pumps for companies
              affiliated to SAIC and third parties. HASCO is a publicly listed company mainly
              active in the Chinese market in manufacture and supply of automotive components to
              OEMs of commercial and passenger vehicles. SAIC is active in the automobile
              industry,
             Pierburg manufactures pumps especially for the automotive industry.
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 C27 , 22.01.2018, p.16.
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)
                                                    Johannes LAITENBERGER
                                                    Director-General
4  OJ C 366, 14.12.2013, p. 5.
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