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M.5323
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REGULATION (EC) No 139/2004 MERGER PROCEDURE
Article 6(1)(b) NON-OPPOSITION Date: 24/10/2008
In electronic form on the EUR-Lex website under document number 32008M5323
Office for Official Publications of the European Communities L-2985 Luxembourg
COMMISSION OF THE EUROPEAN COMMUNITIES
Brussels, 24.10.2008 SG-Greffe(2008) D/206485 C(2008) 6362
PUBLIC VERSION
SIMPLIFIED PROCEDURE
MERGER PROCEDURE ARTICLE 6(1)(b) DECISION
To the notifying party:
Dear Madam(s) and/or Sir(s),
Subject: Case No COMP/M.5323 - HCM/ HAII Notification of 5323 pursuant to Article 4 of Council Regulation (EC) No 139/2004 Publication in the Official Journal of the European Union No C 246, 27.09.2008 p.20.
1.On 19.19.2008, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 by which the undertaking Hyundai Motor Company ("HMC", Korea) acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of the undertaking Hyundai Automobili Italia Importazioni S.p.A ("HAII", Italy) by way of contribution in kind to a newly incorporated Italian company, ("Newco"), the share capital of which will be fully owned by HAII.
The business activities of the undertakings concerned are:
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 HMC: global manufacturer of motor vehicles
-- for HAII : wholesaler that distributes and imports and distributes Hyundai vehicles in Italy.
2.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(c) of the Commission Notice on a simplified procedure for treatment of certain
concentrations under Council Regulation (EC) No 139/2004.
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 by Lowri Evans on behalf of Philip LOWE Director General
2OJ C 56, 05.3.2005, p. 32.
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