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: 15/02/2017

In electronic form on the EUR-Lex website under document number 32017M8263

EUROPEAN COMMISSION

Brussels, 15.2.2017 C(2017) 1190 final

PUBLIC VERSION

To the notifying parties

Dear Sir or Madam,

1.1. On 17 January 2017, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by which the undertaking Sharp Corporation (Japan) controlled by Hon Hai Precision Industry Co., Ltd. (Taiwan), acquires within the meaning of Article 3(1)(b) of the Merger Regulation joint control of part of the undertaking Skytec UMC Limited (Cyprus) which is currently solely controlled by Skytec Group Limited (Cyprus) by way of purchase of shares.

2. The business activities of the undertakings concerned are:

–– Sharp is active globally in developing, manufacturing and selling multiple electronic products, including liquid crystal display ("LCD") television sets, LCD monitors, solar panels, mobile communication handsets, video projectors, multi-function printing devices, microwave ovens, air conditioners and cash registers. Sharp is a subsidiary of Hon Hai, which trades as Foxconn, and which is a Taiwanese public company that is headquartered in Tucheng, New Taipei City, Taiwan, and listed on the Taiwan Stock Exchange. It provides third-party electronic manufacturing services to original equipment manufacturers of electronic products such as computers, mobile phones and video game consoles. Hon Hai has operations across the Americas, Asia and Europe.

–– Skytec Group Limited is a Cypriot holding corporation, which owns Skytec UMC Limited.

1 OJ 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.

2 OJ L 1, 3.1.1994, p. 3 (the 'EEA Agreement').

3 Publication in the Official Journal of the European Union No C 25, 25.01.2017, p. 4.

Commission européenne, DG COMP MERGER REGISTRY, 1049 Bruxelles, BELGIQUE Europese Commissie, DG COMP MERGER REGISTRY, 1049 Brussel, BELGIË

Tel: +32 229-91111. Fax: +32 229-64301. E-mail: COMP-MERGER-REGISTRY@ec.europa.eu.

- Skytec UMC Limited designs, manufactures and distributes TVs under its own brands (UMC and Eternity) and under third party brands.

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(c) 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) Johannes LAITENBERGER Director-General

4 OJ C 366, 14.12.2013, p. 5.

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