CELEX: 32019M9301
Language: en
Date: 2019-03-15 00:00:00
Title: Commission Decision of 15/03/2019 declaring a concentration to be compatible with the common market (Case No COMP/M.9301 - KDDI Corporation / Mitsubishi UFJ Securities Holdings Co.,Ltd. / Kabu.com) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

EUROPEAN COMMISSION
                                                                Brussels, 15.3.2019
                                                                C(2019) 2202 final
                                                                        PUBLIC VERSION
                                                                To the notifying parties:
Subject:        Case M.9301 – KDDI / MITSUBISHI SECURITIES / KABU.COM
                Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC)
                                1                                                                             2
                No 139/2004 and Article 57 of the Agreement on the European Economic Area
Dear Sir or Madam,
1.      On 21 Febraury 2019, the European Commission received notification of a proposed
        concentration pursuant to Article 4 of the Merger Regulation by which the undertakings
        KDDI Corporation (“KDDI”, Japan), and Mitsubishi UFJ Securities Holdings Co. Ltd.
        (“Mitsubishi Securities”, Japan), ultimately controlled by Mitsubishi UFJ Financial Group,
        Inc. (“MUFG”, Japan) acquire within the meaning of Article 3(1)(b) and 3(4) of the
        Merger Regulation joint control over Kabu.com Securities Co., Ltd. (“Kabu.com”, Japan),
        by way of a takeover bid.3
2.      The business activities of the undertakings concerned are:
             KDDI is a telecommunications company that provides a range of services, including
              mobile phone services, fixed line communication, information technologies, e-
              commerce, energy and financial services.
             Mitsubishi Securities is a subsidiary of MUFG that operates globally and provides a
              full range of banking services. Depending on the geographical region, these include
              retail, corporate, and investment banking services, as well as asset management and
              sales and trading services.
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 075, 28.02.2019, p. 7.
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---        Kabu.com is a securities company that mainly provides online brokerage services to
        customers located in Japan and supplies computer systems, programs, and software for
        online securities transactions.
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 139/2004.4
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.
                                                  2