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REGULATION (EEC) No 4064/89 MERGER PROCEDURE

Article 6(1)(b) NON-OPPOSITION Date: 18/12/2002

Also available in the CELEX database Document No 302M3017

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

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 18/12/2002

SG (2002) D/233370

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.3017 ñ DaimlerChrysler/Hyundai/JV Notification of 21/11/2002 pursuant to Article 4 of Council Regulation (EEC) 1No. 4064/89 Publication in the Official Journal of the European Communities No. C297, 29/11/2002, page 26

1.On 21.11.2002, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EEC) No 4064/89 by which the undertakings DaimlerChrysler AG (Germany ñ ìDaimlerChryslerî) and Hyundai Motor Company (Korea-ìHyundaiî) acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of a newly created company constituting a joint venture by way of purchase of shares.

The business activities of the undertakings concerned are :

-- for DaimlerChrysler : automotive sector

-- for Hyundai : automotive sector

1OJ L 395, 30.12.1989 p. 1; corrected version OJ L 257 of 21.9.1990, p. 13, as last amended by Regulation (EC) No 1310/97, OJ L 180, 9.7.1997, p. 1, corrigendum in OJ L 40, 13.2.1998, p. 17.

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

for the JV: production and distribution of commercial vehicles and commercial vehicles components mainly for the Asian market.

2.After examination of the notification, the Commission has concluded that the notified operation falls within the scope of Council Regulation (EEC) No. 4064/89 and of paragraph 4, subparagraph a, of the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EEC) No 4064/89.

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. 4064/89.

For the Commission

(signed) Mario MONTI Member of the Commission

2OJ C 217, 29.07.2000, p. 32.

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