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REGULATION (EC) No 139/2004 MERGER PROCEDURE

Article 6(1)(b) NON-OPPOSITION Date: 06/09/2006

In electronic form on the EUR-Lex website under document number 32006M4307

Office for Official Publications of the European Communities L-2985 Luxembourg

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 06/09/2006

SG-Greffe(2006) D/205005

MERGER PROCEDURE ARTICLE 6(1)(b) DECISION

SIMPLIFIED PROCEDURE

PUBLIC VERSION

To the notifying parties

Dear Madam(s) and/or Sir(s),

1.On 02/08/2006, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 by which the undertakings Toyota Tsusho Corporation (“Toyota Tsusho”, Japan) and T.T. Holding S.p.A. (“TTH”, Italy) acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of the undertaking T&M CAR S.r.l. (“T&M CAR”, Italy) by way of purchase of shares in a newly created company constituting a joint venture.

1OJ L 24, 29.1.2004 p. 1

Commission européenne, B-1049 Bruxelles / Europese Commissie, B-1049 Brussel - Belgium. Telephone: (32-2) 299 11 11.

The business activities of the undertakings concerned are:

-- for Toyota Tsusho: logistics services for the automotive industry, and trading of metals, machinery, chemical and other products.

-- for TTH: management and development of retail distribution of passenger cars and parts in northern region of Lomabardy, Italy.

-- for T&M CAR: retail distribution of new and used passenger cars and spare parts, and the provision of automobile related services.

3.After examination of the notification, the Commission has concluded that the notified operation falls within the scope of Council Regulation (EEC) No. 139/2004 and of paragraph 5, subparagraph c) of the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EEC) No 139/2004.

4.For the reasons set out in the Notice on a simplified procedure, the Commission has decided not to oppose the notified operation and to declare it compatible with the common market and with the EEA Agreement. This decision is adopted in application of Article 6(1)(b) of Council Regulation (EEC) No. 139/2004.

For the Commission signed Philip LOWE Director General

2OJ C 56, 05.3.2005 p.32

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