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In electronic form on the EUR-Lex website under document number 32023M11139
Emerson Electric Co. 8000 West Florissant Avenue P.O. Box 4100 St. Louis, MO 63136 United States of America
Dear Sir or Madam,
1.1. On 4 August 2023, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation, by which Emerson Electric Co. (‘Emerson’, U.S.A) will acquire within the meaning of Article 3(1)(b) of the Merger Regulation sole control of the whole of National Instrument Corporation (‘NI’, U.S.A.) by way of purchase of shares.
2. The business activities of the undertakings concerned are the following:
-− Emerson is primarily engaged in the development and supply of technology and engineering products. It provides solutions to customers active in industrial, commercial and consumer sectors through its Automation Solutions business. Emerson is active globally,
-− NI is an international manufacturer of modular hardware and flexible software systems for electronic testing and measurement applications. It operates in more than 40 countries worldwide. Its solutions help customers solve current and future test challenges and improve speed and efficiency in their product development cycles.
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 282, 11.8.2023, p. 20.
Commission européenne/Europese Commissie, 1049 Bruxelles/Brussel, BELGIQUE/BELGIË - Tel. +32 22991111
3.3. 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(b) of the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004.
4.4. 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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