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: 17/08/2021

In electronic form on the EUR-Lex website under document number 32021M10366

EUROPEAN COMMISSION

Brussels, 17.08.2021 C(2021) 6155 final

PUBLIC VERSION

NTT DOCOMO, INC. Sanno Park Tower 11-1 Nagata-cho 2-chome, Chiyoda-ku Tokio 100-6150 Japan

Komatsu Ltd. 2-3-6, Akasaka, Minato-ku Tokio 107-8414 Japan

Dear Sir or Madam,

1.1. On 26 July 2021, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by which NTT DOCOMO, Inc. (“DOCOMO”, Japan), controlled by Nippon Telegraph and Telephone Corporation (“NTT”, Japan), and Komatsu Ltd. (“Komatsu”, Japan), acquire within the meaning of Articles 3(1)(b) and 3(4) of the Merger Regulation joint control over the whole of Landlog Ltd. (“Landlog”, Japan), which is currently wholly owned and solely controlled by Komatsu, by way of purchase of shares.

2. The business activities of the undertakings concerned are:

- for DOCOMO: main mobile phone operator in Japan, providing telecommunications services, 5G networks, ICT solutions and technical and operational services to other companies,

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’).

3Publication in the Official Journal of the European Union No C 309, 02.08.2021, p.10.

Commission européenne, DG COMP MERGER REGISTRY, 1049 Bruxelles, BELGIQUE Europese Commissie, DG COMP MERGER REGISTRY, 1049 Brussel, BELGIË

Tel: +32 229-91111. Fax: +32 229-64301. E-mail: COMP-MERGER-REGISTRY@ec.europa.eu.

- for Komatsu: manufacturer of construction, mining and forestry equipment, as well as diesel engines and industrial machinery such as press machines, lasers and thermoelectric generators, and

- for Landlog: supplier of an Internet of Things (“IoT”) platform in Japan to host software applications for the construction industry to be developed by third-party app providers. In addition, Komatsu will transfer to Landlog its current Smart Construction services business which provides enterprise application software for civil engineering processes in the construction industry.

4.3. 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 and Article 57 of the EEA Agreement.

For the Commission

(Signed) Olivier GUERSENT Director-General

4OJ C 366, 14.12.2013, p. 5.

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