CELEX: 32015M7797
Language: en
Date: 2015-12-16 00:00:00
Title: Commission Decision of 16/12/2015 declaring a concentration to be compatible with the common market (Case No COMP/M.7797 - MICHELIN / FIVES / JV) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

|[pic]                             |EUROPEAN COMMISSION                                                                                      |

                                        Brussels, 16.12.2015
                                        C(2015) 9615 final

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                                        |                                                                       |To the notifying parties:                                              |
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Dear Sirs,

Subject:    Case M.7797 - MICHELIN / FIVES / JV
         Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC) No 139/2004[1] and Article 57 of the Agreement on the
         European Economic Area[2]

 1. On 12 November 2015, the European Commission received notification of  a  proposed  concentration  pursuant  to  Article  4  of  the  Merger
    Regulation by which Compagnie Générale des Établissements Michelin ("Michelin"), through its wholly owned subsidiary Spika SAS (France)  and
    Fives SA ("Fives", France) acquire within the meaning of Article 3(4) of the  Merger Regulation joint control  of  Fives  Michelin  Additive
    Solutions SAS (France) by way of purchase of shares in a newly created company constituting a joint venture.[3]

 2. The business activities of the undertakings concerned are:

      – for Michelin: manufacture and distribution of tires for automotive and other industries;

      – for Fives: design and manufacture of industrial machines, process equipment and production lines;

      – for Fives Michelin Additive Solutions SAS: development, manufacture, and sale of additive manufacturing machines and parts,  as  well  as
        provision of related services.

 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

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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]   OJ L 1, 3.1.1994, p. 3 ("the EEA Agreement").

[3]   Publication in the Official Journal of the European Union No C 384, 18.11.2015, p. 8.

[4]   OJ C 366, 14.12.2013, p. 5.

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                                                                  PUBLIC VERSION

                                                           SIMPLIFIED MERGER PROCEDURE