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: 12/12/2023

In electronic form on the EUR-Lex website under document number 32023M11310

EUROPEAN COMMISSION

Brussels, 12.12.2023 C(2023) 8911 final

PUBLIC VERSION

Mitsubishi Heavy Industries, Ltd. 3-1, Minatomirai 3-chrome Nishi-Ku 220-8401 Yokohama, Kanagawa Japan

Mitsubishi Electric Corporation 2-7-3 Marunouchi Chiyoda-ku 100-8310 Tokyo Japan

Dear Sir or Madam,

1.On 17 November 2023, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation, by which Mitsubishi Heavy Industries, Ltd. (‘MHI’, Japan) and Mitsubishi Electric Corporation (‘MELCO’, Japan) will acquire within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control of a joint venture (JV). The concentration is accomplished by way of purchase of shares in the newly created company constituting a joint venture.

The business activities of the undertakings concerned are the following:

−− MHI is active in the businesses of energy systems (power generation systems), plants and infrastructure systems (commercial ships, engineering, etc.), logistics, thermal and drive systems (material handling equipment, engines, air conditioning systems, etc.), aircraft, defence and space,

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, OJ C, C/2023/1250, 28.11.2023.

Commission européenne/Europese Commissie, 1049 Bruxelles/Brussel, BELGIQUE/BELGIË - Tel. +32 22991111

−− MELCO is engaged in the businesses of public utility systems, energy systems, defence and space systems, factory automation systems, automotive equipment, building systems, air conditioning and home products, information systems and network services, and semiconductors.

The JV will be active in the power-generator systems business.

4.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) and 5(d) of the Commission Notice on a simplified treatment for certain concentrations under Council Regulation (EC) No 139/2004.

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 160, 5.5.2023, p. 1–10.

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