CELEX: 32013M6864
Language: en
Date: 2013-03-11 00:00:00
Title: Commission Decision of 11/03/2013 declaring a concentration to be compatible with the common market (Case No COMP/M.6864 - DSE / INCJ / SOLAR VENTURES / JV) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

Important legal notice

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32013M6864

Commission Decision of 11/03/2013 declaring a concentration to be compatible with the common market (Case No COMP/M.6864 - DSE / INCJ / SOLAR VENTURES / JV) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)  

          |EUROPEAN COMMISSION      |
             Brussels, 11.3.2013
             C(2013) 1529 final
             PUBLIC VERSION SIMPLIFIED MERGER PROCEDURE
             To the notifying parties
             Dear Madam(s) and/or Sir(s),
             Subject: Case No COMP/M.6864 - DSE/ INCJ/ SOLAR VENTURES/ JV Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC) No 139/2004  [1] 
            1.  On 12.02.2013, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by which Diamond Solar Europe Limited ("DSE", Italy), wholly owned by Mitsubishi Corporation ("MC", Japan), Innovation Network Corporation of Japan ("INCJ", Japan) and Solar Ventures S.r.l. ("Solar Ventures", Italy), acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control over Solar Holding S.r.l. ("Solar Holding", Italy), currently controlled by AME Ventures, by way of a purchase of shares [2]  .
            2.  The business activities of the undertakings concerned are:
              - for MC: general trading activities in various industries including energy, machinery, chemicals, food, and general merchandise; 
              - for INCJ: financial, technological and management support to next generation businesses and has investment in innovation projects in the areas of environment, energy, electronics, IT, entertainments, communications and biotechnology; 
              - for Solar Ventures: active in the photovoltaic sector in Italy and abroad with development activities, direct investments in operating photovoltaic plants, transaction services for investment companies, plant managements services and administrative services; 
              - for Solar Holding: generation and wholesale supply of electricity form solar source in Italy.
            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(b) of the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004 [3]  .  
            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.
             For the Commission (Signed) Alexander ITALIANER Director General
            [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]  Publication in the Official Journal of the European Union No C 049, 20.2.2013, p.20
            [3] OJ C 56, 5.3.2005, p. 32.