CELEX: 32020M9998
Language: en
Date: 2020-12-11 00:00:00
Title: Commission Decision of 11/12/2020 declaring a concentration to be compatible with the common market (Case No COMP/M.9998 - SUMITOMO / TECH MAHINDRA / JV) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

EUROPEAN COMMISSION
                                                                Brussels, 11.12.2020
                                                                C(2020) 9192 final
                                                                                PUBLIC VERSION
                                                                To the notifying parties
Subject:         Case M.9998 — Sumitomo/Tech Mahindra/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 19 November 2020, the European Commission received notification of a proposed
        concentration pursuant to Article 4 of the Merger Regulation by which the
        undertakings Sumitomo Corporation (“Sumitomo”, Japan) and Tech Mahindra
        Limited (“Tech Mahindra”, India), acquire within the meaning of Article 3(1)(b) and
        Article 3(4) of the Merger Regulation joint control over the whole of the newly
        created company constituting a joint venture SCTM Engineering Corporation (the
        “Target”, Japan) by way of purchase of shares.3
2.      The business activities of the undertakings concerned are:
        −     for Sumitomo: It is a trading and investment company, which provides a range of
              services and products in sectors such as the trading of metal products,
              transportation and construction of systems, environment and infrastructure,
              media, network and lifestyle related products, mineral resources, energy,
              chemicals and electronics,
        −     for Tech Mahindra: It is a global technology company, providing information
              technology and business process outsourcing services to customers across a wide
              range of industries, including telecommunications, media & entertainment,
              manufacturing, banking & financial services, life sciences, retail & consumer
              goods and oil & gas,
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 412, 30.11.2020, 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---    −    for the Target: It will provide engineering services to the automotive sector,
        automotive product engineering, advanced driver assistance systems (ADAS),
        autonomous driving, vehicle to everything (V2X) and 5G wireless
        communications technology, along with connected and digital services in the
        automotive sector.
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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