CELEX: 32013M6904
Language: en
Date: 2013-06-25 00:00:00
Title: Commission Decision of 25/06/2013 declaring a concentration to be compatible with the common market (Case No COMP/M.6904 - YAMAHA / KYB / KYB MOTORCYCLE SUSPENSION JV) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

Important legal notice

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32013M6904

Commission Decision of 25/06/2013 declaring a concentration to be compatible with the common market (Case No COMP/M.6904 - YAMAHA / KYB / KYB MOTORCYCLE SUSPENSION JV) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)  

          |EUROPEAN COMMISSION      |
             Brussels, 25/06/2013
             C(2013)4108 final
             SIMPLIFIED MERGER PROCEDURE PUBLIC VERSION
             To the notifying parties 
             Dear Madam(s) and/or Sir(s),
             Subject: Case No COMP/M.6904 - YAMAHA/ KYB/ KYB MOTORCYCLE SUSPENSION JV Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC) No 139/2004  [1] 
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            1.  On 24.05.2013, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by Yamaha Motor Co., Ltd., (“Yamaha”, Japan), and Kayaba Industry Co., Ltd., (“KYB”, Japan), acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of KYB Motorcycle Suspension Co., Ltd., ("JV", Japan) by way of purchase of shares [2]  . 
            2.  The business activities of the undertakings concerned are:
             - for Yamaha: the manufactures and supply of motorcycles, scooters, electrically power assisted bicycles, boats, sail boats, personal watercrafts, pools, utility boats, fishing boats, outboard motors, 4-wheel ATVs, side-by-side vehicles, racing kart engines, golf cars, multi-purpose engines, generators, water pumps, snowmobiles, small-sized snow throwers, automobile engines, surface mounters, intelligent machinery, industrial-use unmanned helicopters, electrical power units for wheelchairs and helmets;
              - for KYB: the manufacture and supply of active suspension systems for diverse applications, including for motor vehicles (shock), motorcycles and trains, as well as hydraulic equipment for motor vehicles, aircraft and industrial applications.
            3.  KYB Motorcycle Suspension Co., Ltd. will be active in the production and sale of suspension equipment for motorcycles (including, to a very limited extent, all-terrain vehicles and snowmobiles) and the devices, parts, and accessories relating to such equipment. The JV will mainly be active in Asia and it is expected to have very limited EEA sales.
            4.  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]  .  
            5.  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 151,30.5.2013, p.23
            [3] OJ C 56, 5.3.2005, p. 32.