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: 29/07/2021

In electronic form on the EUR-Lex website under document number 32021M10271

EUROPEAN COMMISSION

Brussels, 29.7.2021 C(2021) 5828 final

PUBLIC VERSION

LIXIL Corporation 2-1-1 Ojima, Koto-ku Tokyo 136-8535 Japan

Schüco International KG Karolinenstrasse 1-15 33609 Bielefeld Germany

Dear Sir or Madam,

1.On 30 June 2021, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by which the undertakings LIXIL Corporation (‘Lixil’, Japan) and Schüco International KG (‘Schüco’, Germany), belonging to the group Otto Fuchs Beteiligungen KG, intend to acquire within the meaning of Articles 3(1)(b) and 3(4) of the Merger Regulation joint control of the undertaking Schueco Japan K.K. (‘JV’, Japan), an existing undertaking solely controlled by Schüco to be transformed to a joint venture, by way of purchase of shares.

The business activities of the undertakings concerned are:

- for Lixil: Manufacturing of building materials and housing equipment,

- for Schüco: Development and sale of system solutions made of aluminium, steel and uPVC for building envelopes,

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 272, 8.7.2021, p. 33.

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 JV: Design and sales of aluminium systems, products and services in the architectural construction segment in Japan.

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

OJ C 366, 14.12.2013, p. 5.

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