CELEX: 32019M9363
Language: en
Date: 2019-06-14 00:00:00
Title: Commission Decision of 14/06/2019 declaring a concentration to be compatible with the common market (Case No COMP/M.9363 - Koito Manufacturing Co., Ltd. / Elbit Systems Ltd. / BrightWay Vision Ltd.) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

EUROPEAN COMMISSION
                                                                Brussels,14.6.2019
                                                                C(2019) 4514 final
                                                                                 PUBLIC VERSION
                                                                To the notifying parties
Subject:         Case M.9363 – KOITO / ELBIT / BWV / JV
                 Commission decision pursuant to Article 6(1)(b) of Council Regulation
                                       1
                 (EC) No 139/2004 and Article 57 of the Agreement on the European
                                    2
                 Economic Area
Dear Sir or Madam,
1.      On 20 May 2019, the European Commission received notification of a proposed
        concentration pursuant to Article 4 of the Merger Regulation by which the
        undertakings Koito Manufacturing Co., Ltd (“Koito”, Japan) and Elbit Systems Ltd.
        (“Elbit”, Israel) acquire within the meaning of Article 3(1)(b) and 3(4) of the Merger
        Regulation joint control over the whole of the undertaking BrightWay Vision
        (“BWV”, Israel), currently jointly controlled by Elbit and Synergetic Capital LLC. by
        way of purchase of shares.3
2.      The business activities of the undertakings concerned are:
             for Koito: manufacturing and supply of (i) automotive lighting and accessories;
              (ii) aircraft lighting and other equipment; and (iii) ship lights/special products.
             for Elbit: development and supply of a broad portfolio of airborne, land and naval
              systems and products for defence, homeland security and commercial
              applications.
             for BWV: manufacturing, research and development, and sale of enhanced vision
              systems for automotive applications. BWV’s technology provides Advanced
              Driver Assistance Systems (“ADAS”) functionality.
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 181, 27.5.2019, p. 9.
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--- 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) and 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
4  OJ C 366, 14.12.2013, p. 5.
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