CELEX: 32016M8140
Language: en
Date: 2016-08-24 00:00:00
Title: Commission Decision of 24/08/2016 declaring a concentration to be compatible with the common market (Case No COMP/M.8140 - KION / DEMATIC) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

|[pic]                             |EUROPEAN COMMISSION                                                                                      |

                                        Brussels, 24.8.2016
                                        C(2016) 5541 final

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                                       To the Notifying Party

Dear Sirs,

Subject:    Case M.8140 - KION / DEMATIC
         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 1 August 2016, the European Commission received notification of a proposed concentration pursuant to Article 4 of the  Merger  Regulation
    by which the undertaking Kion Group AG ("Kion", Germany) acquires within the meaning of Article 3(1)(b) of the Merger Regulation control  of
    the whole of the undertaking DH Services Luxembourg S.à.r.l. ("Dematic", Luxembourg) by way of purchase of shares.[3]

 2. The business activities of the undertakings concerned are:

     –      for Kion: manufacture of forklifts, warehouse equipment, and other industrial trucks. In addition, Kion offers after sales  services,
        including repair, maintenance, full service, and driver trainings as well as  stock  management  systems,  transport  and  truck  control
        systems, fleet management as well as racking systems and RFID systems. Through Egemin Kion also offers supply chain automation solutions.

     –      for Dematic: design, manufacture, integration and servicing of a range of automated system solutions that are used in warehousing and
        distribution operations. These automated systems enhance efficiency within warehouses  and  distribution  chains  by  offering  automated
        material handling.

 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 (c) 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 291, 11.08.2016, p. 17.
[4]   OJ C 366, 14.12.2013, p. 5.

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                                                                  PUBLIC VERSION

                                                           SIMPLIFIED MERGER PROCEDURE