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Case No COMP/M.6229 - PAG/ MITSUI/ AMT JV

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REGULATION (EC) No 139/2004 MERGER PROCEDURE

Article 6(1)(b) NON-OPPOSITION Date: 07/07/2011

In electronic form on the EUR-Lex website under document number 32011M6229

Office for Publications of the European Union L-2985 Luxembourg

EUROPEAN COMMISSION

Brussels, 07/07/2011 C(2011) 5071

PUBLIC VERSION

SIMPLIFIED MERGER PROCEDURE

To the notifying parties

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

Subject: Case No COMP/M.6229 - PAG/ MITSUI/ AMT JV Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC) No 139/2004

1.On 01 June 2011, the European Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 by which the undertakings Mitsui & Co., Ltd. ("Mitsui", Japon) and Penske Automotive Group, Inc. ("PAG", USA) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of the Company Alliance Motor Tyumen ("AMT", Russia) by way of purchase of shares.

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 174, 15.06.2011, p.13.

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

The business activities of the undertakings concerned are:

-for Mitsui: the sale, distribution, purchase, marketing and supply of products in business areas such as: iron and steel; non-ferrous metals; machinery; electronics; chemicals; energy-related commodities; and foods and retail, lifestyle and consumer service, and the sale of motor vehicles and motorcycles, and motor vehicle and motorcycle parts and accessories globally.

-for PAG : car retailing business, selling new and used vehicles, maintenance and repair services and the sale and placement of higher-margin products, such as third-party finance and insurance products, third-party extended service contracts and replacement and aftermarket automotive products.

-for AMT: the sale, maintenance and repair of Lexus motor vehicles.

3After 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.

4For 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.

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