CELEX: 32017M8292
Language: en
Date: 2017-01-27 00:00:00
Title: Commission Decision of 27/01/2017 declaring a concentration to be compatible with the common market (Case No COMP/M.8292 - SUMITOMO RUBBER INDUSTRIES / MICHELDEVER GROUP) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

|[pic]                             |EUROPEAN COMMISSION                                                                                      |

                                        Brussels, 27.1.2017
                                        C(2017) 573 final

                                        [pic]

                                        |                                                                       |To the notifying party:                                                |

Dear Sirs,

Subject:    Case M.8292 – SUMITOMO RUBBER INDUSTRIES / MICHELDEVER GROUP
         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 5 January 2017, the European Commission received notification of a proposed concentration pursuant to Article  4  of  Council  Regulation
    (EC) No 139/2004 by which the undertaking Sumitomo Rubber Industries Limited ('Sumitomo', Japan) acquires  within  the  meaning  of  Article
    3(1)(b) of the Merger Regulation control of the whole of the undertaking Micheldever Group Ltd ('Micheldever', UK) by  way  of  purchase  of
    shares.[3]

 2. The business activities of the undertakings concerned are:

      –     for Sumitomo: the manufacture and production of tyres and the sale  of  tyres  to  OEMs  and  to  wholesale  outlets.  Sumitomo  also
           manufactures certain sports and industrial goods.

      –     for Micheldever: the wholesale and retail sale of tyres. Micheldever also offers automotive repair and sevices at the retail level.

 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 16, 18.1.2017, p. 9.
[4]   OJ C 366, 14.12.2013, p. 5.

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                                                                  PUBLIC VERSION