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REGULATION (EEC) No 4064/89 MERGER PROCEDURE

Article 6(1)(b) NON-OPPOSITION Date: 26/11/2002

Also available in the CELEX database Document No 302M3002

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

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 26.11.2002

SG (2002) D/232792, 232793

PUBLIC VERSION

MERGER PROCEDURE ARTICLE 6(1)(b) DECISION

SIMPLIFIED PROCEDURE

To the notifying parties

Dear Madam, dear Sirs,

Subject: Case No. COMP/M.3002ñ Hitachi/Mitsubishi/JV Notification of 23.10.02 pursuant to Article 4 of Council Regulation (EEC) No. 4064/891 Publication in the Official Journal of the European Communities No. C264 dated 30.10.2002, p. 12.

1.On 23 October 2002, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EEC) No. 4064/89 by which the Japanese companies Hitachi Ltd (ìHitachiî) and Mitsubishi Electric Corporation (ìMitsubishiî) acquire within the meaning of Article 3(1)(b) of the Council Regulation control of a joint venture for the production of semiconductors (ìJVî).

The business activities of the undertakings concerned are:

- Hitachi Ltd.:

electronic, power and industrial equipment;

- Mitsubishi Electric Corporation : electrical and other products;

- JV:

semiconductors.

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.

3.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 c of the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EEC) No 4064/89.

4.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

Mario MONTI Member of the Commission (Signed)

2OJ C 217, 29.07.2000, p. 32.

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