EUROPEAN COMMISSION DG Competition

Only the English text is available and authentic.

REGULATION (EC) No 139/2004 MERGER PROCEDURE

Article 6(1)(b) NON-OPPOSITION Date: 02/08/2023

In electronic form on the EUR-Lex website under document number 32023M11173

EUROPEAN COMMISSION

Brussels, 2.8.2023 C(2023) 5395 final

PUBLIC VERSION

Hedin Mobility Group AB Box 2114, 43102 Mölndal Sweden

Subject: Case M.11173 – HEDIN/TORPEDO Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC) No 139/2004 and Article 57 of the Agreement on the European Economic Area

Dear Sir or Madam,

1.1. On 7 July 2023, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation, by which Hedin Mobility Group AB (“Hedin”, Sweden) ultimately controlled by Mr. Anders Hedin, will acquire within the meaning of Article 3(1)(b) of the Merger Regulation sole control over the whole of eight companies (together referred to as “Torpedo”, all Germany) currently held by Torpedo-Garage Ansorg, Hermann und Thomas GmbH u. Co KG and Torpedo LT Investment GmbH (Germany), by way of purchase of shares.

2. The business activities of the undertakings concerned are the following:

−− Hedin is active in the wholesale and retail distribution of new and used passenger cars and light commercial vehicles, the retail distribution of trucks, the wholesale and retail distribution of original equipment (“OE”) and non-OE spare parts, the provision of repair and maintenance services, and the provision of automotive rental, leasing and financing services in the EEA,

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.

2OJ L 1, 3.1.1994, p. 3 (the ‘EEA Agreement’).

3The eight companies currently held by Torpedo-Garage Ansorg, Hermann und Thomas GmbH u. Co KG and Torpedo LT Investment GmbH and subject to the concentration are (i) Torpedo Garage Südwest GmbH, (ii) Torpedo Garage Saarland GmbH, (iii) TG Autohandelsgesellschaft mbH, (iv) TG Automobile GmbH, (v) Torpedo-Rent GmbH, (vi) Torpedo Logistik & Service GmbH, (vii) Torpedo Services GmbH, (viii) Torpedo eMobility GmbH.

4Publication in the Official Journal of the European Union No C 249, 14.7.2023, p. 10.

−− Torpedo is active in the retail distribution of new and used passenger cars, light commercial vehicles, trucks, and OE and non-OE spare parts and provides car repair and maintenance services for motor vehicles primarily in Germany.

5.3. 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(c) 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

5OJ C 366, 14.12.2013, p. 5.

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