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Case No COMP/M.6073 - DAIMLER/ BEIQI FOTON MOTOR CO/ BEIJING FOTON DAIMLER AUTOMOTIVE CO

Only the English text is available and authentic.

REGULATION (EC) No 139/2004 MERGER PROCEDURE

Article 6(1)(b) NON-OPPOSITION Date: 14/02/2011

In electronic form on the EUR-Lex website under document number 32011M6073

Office for Publications of the European Union L-2985 Luxembourg

EUROPEAN COMMISSION

Brussels, 14.2.2011 SG-Greffe(2011) D/2226, 2227 C(2011) 1014 final

PUBLIC VERSION

MERGER PROCEDURE ARTICLE 6(1)(b) DECISION

SIMPLIFIED PROCEDURE

To the notifying parties:

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

Subject: Case No COMP/M.6073 - DAIMLER/ BEIQI FOTON MOTOR CO/ BEIJING FOTON DAIMLER AUTOMOTIVE CO Notification of 12.021.2011 pursuant to Article 4 of Council Regulation (EC) No 139/2004 Publication in the Official Journal of the European Union No C22, 22.01.2011, p.20

1.On 12.01.2011 the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by which Daimler AG ("Daimler", Germany) and Beiqi Foton Motor Co. Ltd. ("Foton", China), acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of Beijing Foton Daimler Automotive Co. Ltd. ("BFDA") by way of purchase of shares in a newly created company constituting a joint venture.

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.

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

2.The business activities of the undertakings concerned are:

-- For Daimler: development, manufacture and distribution of automobiles (cars, trucks, vans, buses and commercial vehicles); provision of automotive financial services including financing, leasing, insurance and fleet management,

-- For Foton: development, manufacture and distribution of commercial vehicles,

-- For BFDA: development, manufacture and distribution of medium-duty and heavy-duty trucks in China,

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.

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.

For the Commission (signed) Alexander ITALIANER Director General

2OJ C 56, 5.3.2005, p. 32.

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