CELEX: 32022M10584
Language: en
Date: 2022-04-06 00:00:00
Title: Commission Decision of 06/04/2022 declaring a concentration to be compatible with the common market (Case No COMP/M.10584 - LUFTHANSA / VW / JV) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

EUROPEAN COMMISSION
                                                                Brussels, 6.4.2022
                                                                C(2022) 2349 final
                                                                                 PUBLIC VERSION
                                                                Lufthansa Industry Solutions AS
                                                                GmbH
                                                                Schützenwall 1
                                                                22844 Norderstedt
                                                                Germany
                                                                A4nXT GmbH
                                                                Auto-Union-Straße 1
                                                                85057 Ingolstadt
                                                                Germany
Subject:        Case M.10584 – LUFTHANSA/VW/JV
                Commission decision pursuant to Article 6(1)(b) of Council Regulation
                                        1
                (EC) No 139/2004 and Article 57 of the Agreement on the European
                                    2
                Economic Area
Dear Sir or Madam,
1.      On 15 March 2022, the European Commission received notification of a proposed
        concentration pursuant to Article 4 of the Merger Regulation by which Lufthansa
        Industry Solutions AS GmbH (‘LHIND’, Germany), controlled by Deutsche
        Lufthansa AG (‘Lufthansa’, Germany) and A4nXT GmbH (‘A4nXT’, Germany),
        controlled by Volkswagen Aktiengesellschaft (‘Volkswagen’, Germany) will acquire
        within the meaning of Articles 3(1)(b) and 3(4) of the Merger Regulation joint control
        of the Joint Venture company (‘JV’, Germany). The concentration is accomplished by
        way of purchase of shares in a newly created company constituting a joint venture.3
2.      The business activities of the undertakings concerned are:
             − for Lufthansa: German aviation group with worldwide operations comprising
                 several airlines as well as aviation-related services such as in-flight catering,
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       OJ L 1, 3.1.1994, p. 3 (the ‘EEA Agreement’).
3       Publication in the Official Journal of the European Union No C 134, 25.3.2022, p. 34.
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---            maintenance, repair and overhaul of aircrafts and components, IT services and
           loyalty programs,
       − for Volkswagen: German automobile consortium active worldwide in the
           development, manufacture, marketing and sale of passenger cars, light
           commercial vehicles, trucks, buses, coaches, chassis for buses and diesel
           engines, motor bikes, as well as ancillary financial and insurance services as
           well as mobility service,
       − for the JV: newly created entity that will provide IT consulting services and
           ancillary IT services to Volkswagen and to third parties in the automotive
           industry and other industries.
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
   paragraphs 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)
                                                  Olivier GUERSENT
                                                  Director-General
4  OJ C 366, 14.12.2013, p. 5.
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