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Article 6(1)(b) NON-OPPOSITION Date: 27/06/2011
In electronic form on the EUR-Lex website under document number 32011M6236
Office for Publications of the European Union L-2985 Luxembourg
Brussels, 27.6.2011 C(2011) 4711 final
To the notifying parties:
Dear Madam(s) and/or Sir(s),
Subject: Case No COMP/M.6236 - DANA/ BOSCH REXROTH/ DANA REXROTH TRANSMISSION SERVICES JV Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC) No 139/2004
1.On 24.05.2011, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by which the undertakings Dana Holding Corporation ('Dana', United States) and Bosch Rexroth (Germany) belonging to the Bosch Group acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of the undertaking Dana Rexroth Transmission Services S.r.l., ('the Joint Venture', Italy) by way of purchase of shares in a newly created company constituting a joint venture.
The business activities of the undertakings concerned are:
-- Dana: manufacture and sale of automotive and truck components,
1OJ 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.
2Publication in the Official Journal of the European Union No C 161, 31.5.2011, p. 6.
Commission européenne, 1049 Bruxelles, BELGIQUE / Europese Commissie, 1049 Brussel - BELGIË. Telephone: (32-2) 299 11 11.
- Bosch Rexroth: manufacture and sale of drive and control solutions for a range of industries,
- The Joint Venture: manufacture and sale of a new type of transmission for off-highway vehicles.
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) and (c) of the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004.
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
3OJ C 56, 5.3.2005, p. 32.
2