CELEX: 32021M10077
Language: en
Date: 2021-01-25 00:00:00
Title: Commission Decision of 25/01/2021 declaring a concentration to be compatible with the common market (Case No COMP/M.10077 - MACQUARIE BANK / MITSUBISHI UFJ LEASE & FINANCE COMPANY / VESTONE CAPITAL) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

EUROPEAN COMMISSION
                                                                 Brussels, 25.1.2020
                                                                 C(2021) 490 final
                                                                                 PUBLIC VERSION
                                                                 To the notifying parties
Subject:        Case M.10077 – MACQUARIE BANK / MITSUBISHI UFJ LEASE &
                FINANCE COMPANY / VESTONE CAPITAL
                Commission decision pursuant to Article 6(1)(b) of Council Regulation
                                        1 2
                (EC) No 139/2004 , and Article 57 of the Agreement on the European
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                Economic Area
Dear Sir or Madam,
1.      On 22 December 2020, the European Commission received notification of a proposed
        concentration pursuant to Article 4 of the Merger Regulation by which Mitsubishi UFJ
        Lease & Finance Company Limited (‘MUL’, Japan) and Macquarie Bank Ltd
        (‘MBL’, Australia), intend to acquire within the meaning of Articles 3(1)(b) and 3(4)
        of the Merger Regulation joint control over Vestone Capital Pty Limited (‘Vestone’,
        Australia), currently solely controlled by MBL, by way of purchase of shares.4
2.      The business activities of the undertakings concerned are:
             MUL is a multi-service group with activities related to leasing and finance, rental,
              used equipment trading, sales support financing, asset management services,
              consulting services, aviation, real estate, logistics, environment and energy,
              healthcare, and infrastructure and investment,
             MBL, a subsidiary of Macquarie Group Limited, is a global diversified financial
              group. It acts primarily as an investment intermediary for institutional, corporate
              and retail clients and counterparties around the world,
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 (the ‘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       For the purposes of this Decision, although the United Kingdom withdrew from the European Union as
        of 1 February 2020, according to Article 92 of the Agreement on the withdrawal of the United
        Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic
        Energy Community (OJ L 29, 31.1.2020, p. 7), the Commission continues to be competent to apply
        Union law as regards the United Kingdom for administrative procedures which were initiated before the
        end of the transition period, i.e. on 31 December 2020 at the latest.
3       OJ L 1, 3.1.1994, p. 3 (the ‘EEA Agreement’).
4       Publication in the Official Journal of the European Union No C 5, 7.1.2021, p. 16.
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---        Vestone is active in the equipment finance market: the leasing of equipment to
        end users. This includes general office equipment as well as computing
        equipment. It also provides asset financing and leasing facilities for office and
        technology assets to enterprise customers, with a focus on corporates, universities
        and government entities.
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 139/2004.5
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)
                                                   Olivier GUERSENT
                                                   Director-General
5  OJ C 366, 14.12.2013, p. 5.
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