CELEX: 32012M6413
Language: en
Date: 2012-02-24 00:00:00
Title: Commission Decision of 24/02/2012 declaring a concentration to be compatible with the common market (Case No COMP/M.6413 - OJSC POWER MACHINES / TOSHIBA / JV) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

Important legal notice

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32012M6413

Commission Decision of 24/02/2012 declaring a concentration to be compatible with the common market (Case No COMP/M.6413 - OJSC POWER MACHINES / TOSHIBA / JV) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)  

          |EUROPEAN COMMISSION     |
            Brussels , 24.2.2012
            C(2012) 1347  final
             PUBLIC VERSION
             SIMPLIFIED MERGER PROCEDURE
             |To the notifying parties: |
             Dear Madam(s) and/or Sir(s),
             Subject: Case No COMP/M.6413-OJSC POWER MACHINES / TOSHIBA / JV  Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC) No 139/2004  [1]  
            1.  On 25 January 2012, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by which the undertakings OJSC Power Machines ("Power Machines", Russia) and Toshiba Corporation ("Toshiba", Japan) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control by way of purchase of shares in a newly created company constituting a joint venture ("JV").
            2.  The business activities of the undertakings concerned are:
              - for Power Machines: manufacture of power generation equipment and other devices for power plants, in particular turbines and generators;
              - for Toshiba: manufacture of digitals products, electronic devices and components, and infrastructure systems; and
             - for JV: engineering, production and sale of, and provision of maintenance service for, certain oil immersed power transformers and oil immersed shunt reactors [2]  .
            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 [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 29, 02.02.2012, p.13.
            [3] OJ C 56, 5.3.2005, p. 32.