Commission Decision of 24/05/2013 declaring a concentration to be compatible with the common market (Case No COMP/M.6876 - SUMITOMO ELECTRIC INDUSTRIES / ANVIS GROUP) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

• Published date: 24 May 2013
• Subject Matter: Concentrations between undertakings,Competition

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32013M6876

Commission Decision of 24/05/2013 declaring a concentration to be compatible with the common market (Case No COMP/M.6876 - SUMITOMO ELECTRIC INDUSTRIES / ANVIS GROUP) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

|EUROPEAN COMMISSION |

Brussels, 24.5.2013

C(2013) 3184 final

In the published version of this decision, some information has been omitted pursuant to Article 17(2) of Council Regulation (EC) No 139/2004 concerning non-disclosure of business secrets and other confidential information. The omissions are shown thus […]. Where possible the information omitted has been replaced by ranges of figures or a general description. | |Public version |

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| |MERGER PROCEDURE ARTICLE 6(1)(b) DECISION |

|To the notifying party |

Dear Sir/Madam,

Subject: Case No COMP/M.6876 – Sumitomo Electric Industries/ Anvis Group Commission decision pursuant to Article 6(1)(b) of Council Regulation No 139/2004 [1]

(1) On 16 April 2013, the European Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 by which Tokai Rubber Industries, Ltd. ("TRI", Japan), controlled by Sumitomo Electric Industries Ltd. ("SEI", Japan) acquires within the meaning of Article 3(1)(b) of the Merger Regulation sole control over Anvis Group GmbH ("Anvis", Germany) by way of a purchase of shares. TRI and Anvis are hereafter referred to as the 'Parties'.

1. THE PARTIES AND THE OPERATION

(2) TRI is active in the manufacture and sales of automotive components including anti-vibration rubber, hoses, IT-related components and a range of other industrial materials. TRI mainly focuses its business on Japan and Asia and has […] sales in the EEA, […] made by a TRI subsidiary in Poland, i.e. TRI Poland Sp. z.o.o. TRI Poland manufactures anti-vibration systems for […]. TRI is controlled by SEI, a Japanese conglomerate, which owns 50.7% of the voting shares in TRI. SEI is active in Asia, America, Europe and Japan in a number of areas including: information and communication, electronics, automotive, industrial materials, environment and energy.

(3) Anvis is a developer and manufacturer of anti-vibration systems, including chassis components, engine mounts, exhaust system hangers as well as decoupling elements and mass dampers.

(4) Pursuant to a Sale and Purchase Agreement ("SPA") signed on 28 January 2013, TRI will acquire 100% of the shares in Anvis.

(5) The proposed transaction therefore constitutes a concentration within the meaning of Article 3(1)(b) of the Merger Regulation.

2. EU DIMENSION

(6) The undertakings concerned have a combined aggregate world-wide turnover of more than EUR 5 000 million. Each of them has an EUwide turnover in excess of EUR 250 million, but they do not achieve more than two-thirds of their aggregate EU-wide turnover within one and the same Member State. The notified operation therefore has an EU dimension within the meaning of Article 1(2) of the Merger Regulation.

3. COMPETITIVE ASSESSMENT

(7) The proposed...