CELEX: 32013M7016
Language: en
Date: 2013-12-06 00:00:00
Title: Commission Decision of 06/12/2013 declaring a concentration to be compatible with the common market (Case No COMP/M.7016 - MHI / MH POWER SYSTEMS) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

|[pic]                             |EUROPEAN COMMISSION                                                                                      |

                                        Brussels, 6.12.2013
                                        C(2013) 9066 final

|To the notifying party:                                                   |                                                                   |
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|                                                                          |                                                                   |

Dear Madam, dear Sirs,

Subject:    Case No COMP/M.7016 - MHI/ MH Power Systems
         Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC) No 139/2004[1]

 1. On 07 November 2013, the European Commission received notification of  a  proposed  concentration  pursuant  to  Article  4  of  the  Merger
    Regulation by which the undertaking Mitsubishi Heavy Industries, Ltd ("MHI", Japan) acquires within the meaning of Article  3(1)(b)  of  the
    Merger Regulation sole control of MH Power Systems, Ltd ("MHPS", Japan).

 2. The business activities of the undertakings concerned are:

      -     for MHI: shipbuilding and ocean development, power systems, nuclear energy  systems,  machinery  and  steel  infrastructure  systems,
           aerospace systems, and medium-volume mass production items;

      -     for MHPS: thermal power generation systems,  geothermal  power  systems,  environmental  equipment,  fuel  cells  and  other  related
           businesses[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(c) 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

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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]   Publication in the Official Journal of the European Union No C 330, 11 November 2013, p.10.

[3]   OJ C 56, 5.3.2005, p. 32.

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                                                           SIMPLIFIED MERGER PROCEDURE

                                                                  PUBLIC VERSION