CELEX: 32014M7169
Language: en
Date: 2014-07-15 00:00:00
Title: Commission Decision of 15/07/2014 declaring a concentration to be compatible with the common market (Case No COMP/M.7169 - WEICHAI POWER / KION GROUP) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

|[pic]                             |EUROPEAN COMMISSION                                                                                      |
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                                        Brussels, 15.7.2014
                                        C(2014) 5144 final

                                        |                                                                   |To the notifying party:                                            |
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Dear Madam(s) and/or Sir(s),

Subject:    Case M.7169 - WEICHAI POWER/ KION GROUP
         Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC) No 139/2004[1]

   1. On 19 June 2014, the European Commission received notification of a proposed concentration pursuant to Article 4 of the  Merger  Regulation
      by which the undertaking Weichai Power Co. Ltd. ("Weichai", China), controlled by Shandong Heavy Industry Group Co., Ltd  ("SHIG",  China),
      acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of the  undertaking  Kion  Group  AG  ("Kion",
      Germany) following a share transaction[2].

2.    The business activities of the undertakings concerned are:

      -     for Weichai: automotive and equipment manufacturing group operating in power assembly (engines, gear  boxes  and  axles),  commercial
      vehicles, automobile electronics and parts, high pressure hydraulic pumps, hydraulic motors,  hydraulic  valves,  gears  and  gear  drives,
      ancillary castings and foundry of other hydraulic components,

      -     for SHIG: group active in commercial vehicles, construction machinery (including forklift trucks), power  systems,  auto  parts,  and
      yachts,

      -     for Kion : manufacturer of forklift trucks, warehouse handling equipment and other industrial trucks.

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

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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 205, 2.7.2014, p. 12.

[3]   OJ C 366, 14.12.2013, p. 5.

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                                                                  PUBLIC VERSION

                                                           SIMPLIFIED MERGER PROCEDURE