Commission Decision of 23/11/2011 declaring a concentration to be compatible with the common market (Case No COMP/M.6357 - KONINKLIJKE PHILIPS / INDAL GROUP) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

What Commission Decision of 23/11/2011 declaring a concentration to be compatible with the common market (Case No COMP/M.6357 - KONINKLIJKE PHILIPS / INDAL GROUP) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic) requires

On 17 October 2011, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by which Koninklijke Philips Electronics N.V. (Philips, the Netherlands) acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of the undertaking Industrias Derivadas del Aluminio, S.A. (Indal, Spain) by way of purchase of shares. The transaction is structured as a stock purchase by virtue of which Philips will acquire all of the issued and outstanding capital stock of Indal, resulting in the acquisition of sole control of Indal by Philips, and therefore constitutes a concentration within the meaning of Article 3(1)(b) of the EU Merger Regulation. The undertakings concerned have a combined aggregate worldwide turnover of more than EUR 5,000 million (Philips: EUR 25,418 million; Indal EUR 156 million). The notified operation has an EU dimension pursuant to Article 1(3) of the EU Merger Regulation. The acquisition gives rise to horizontal overlaps in professional light fixtures across multiple EEA Member States and vertical integration between a producer of light sources and components (Philips) and a producer of fixtures (Indal). The Commission assessed competitive effects across professional indoor and outdoor light fixture markets, LED fixtures, general purpose lamps, horticultural lamps, LEDs and LED modules, and components for light fixtures, ultimately concluding pursuant to Article 6(1)(b) of Council Regulation No 139/2004 that the concentration is compatible with the common market.

Pillar: Legal & IP Sovereignty · Authority: European Commission · Version: 1.0.0 · Last updated: 2011-11-23

Primary source: https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32011M6357

SHA-256 integrity: d8d471a4b82676a93793bbdede7898d8c03cbf05264a923c17bc39446599f1dd

Primary Citations — 10 traced to source

• Paragraph 1: 'On 17.10.2011, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by which the undertaking Koninklijke Philips Electronics N.V. ("Philips", the Netherlands) acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of the undertaking Industrias Derivadas del Aluminio, S.A. ("Indal", Spain) by way of purchase of shares.'
• Paragraph 5: 'Hence the transaction results in the acquisition of sole control of Indal by Philips and therefore constitutes a concentration within the meaning of Article 3 (1) (b) of the EU Merger Regulation.'

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