EN

Case No COMP/M.2950 - TOSHIBA / MITSUBISHI / JV

Only the English text is available and authentic.

REGULATION (EEC) No 4064/89 MERGER PROCEDURE

Article 6(1)(b) NON-OPPOSITION Date: 20/09/2002

Also available in the CELEX database Document No 302M2950

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

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 20/09/2002

SG (2002) D/231686

PUBLIC VERSION

MERGER PROCEDURE ARTICLE 6(1)(b) DECISION

SIMPLIFIED PROCEDURE

To the Notifying Parties

Dear Sirs,

Subject: Case No. COMP/M.2950 - TOSHIBA/MITSUBISHI/JV Notification of 20.08.2002 pursuant to Article 4 of Council Regulation (EEC) 1No. 4064/89 Publication in the Official Journal of the European Communities No. C 203 of 27/08/2002, page 10

1.On 20.08.2002, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EEC) No 4064/89 by which the Japanese undertakings Toshiba Corporation (ìToshibaî) and Mitsubishi Electric Corporation (ìMitsubishiî) acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of the undertaking TD Electric Systems Inc.(ìTDî) by way of purchase of shares in a newly created company constituting a joint venture.

The business activities of the undertakings concerned are :

-- for Toshiba: Manufacture and sale of advanced electronic and products.

-- for Mitsubishi: Development, manufacture and distribution of electrical equipment.

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 TD: Development, production and sale of the following power transmission and distribution areas: Transformers, circuit breakers, switchgears, control systems for electric power systems, protective equipment for electric power systems and flexible AC transmission systems.

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 2 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.

2