EN

Only the English text is available and authentic.

REGULATION (EC) No 139/2004 MERGER PROCEDURE

Article 6(1)(b) NON-OPPOSITION Date: 19/10/2005

In electronic form on the EUR-Lex website under document number 32005M3784

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

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 19.X.2005

SG-Greffe(2005) D/205817/18

MERGER PROCEDURE ARTICLE 6(1)(b) DECISION

SIMPLIFIED PROCEDURE

PUBLIC VERSION

To the notifying parties

Dear Madam(s) and/or Sir(s),

Subject: Case No. COMP/M.3784 ñ TRIDONICATCO / TOYODA GOSEI / LED JV Notification of 14/09/2005 pursuant to Article 4 of Council Regulation (EC) No. 1139/2004 Publication in the Official Journal of the European Communities No. C 233, 22/09/2005, page 3.

1.On 14/09/2005, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 by which the undertakings TridonicAtco Gmbh & Co KG (ìTridonicî, Austria), belonging to the Zumtobel group and ultimately controlled by KKR, and Toyoda Gosei (Japan), part of the Toyota Motor Company, acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of NewCo, a newly created company constituting a joint venture.

The business activities of the undertakings concerned are :

-- for Tridonic : lighting components

-- for Zumtobel : lighting equipment

-- for KKR : private equity investor

-- for Toyoda Gosei : manufacturing and sales of automotive parts and optoelectronics

1OJ L 24, 29.1.2004 p. 1.

Commission europÈenne, B-1049 Bruxelles / Europese Commissie, B-1049 Brussel - Belgium. Telephone: (32-2) 299 11 11.

-- for Toyota Motor Company : car manufacturing

-- for NewCo : development, manufacturing and sales of high brightness light emitting diodes (HB-LEDs)

3.After examination of the notification, the Commission has concluded that the notified operation falls within the scope of Council Regulation (EC) No. 139/2004 and of paragraph 5, subparagraph c, 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 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 (EC) No. 139/2004.

For the Commission, signed Neelie KROES Member of the Commission

2OJ C 56, 05.3.2005 p.32.

2