Decision Nº M/04/004 from Competition and Consumer Protection Commission, 2004-02-06

CourtCompetition and Consumer Protection Commission (Ire)
PartiesDaimlerChrysler,MFTBC
Decision Date06 February 2004
Decision NumberM/04/004
StatusPreliminary investigation (Phase 1)
Date06 February 2004
Determination of the Competition Authority
Determination No. M/04/004 of the Competition Authority, dated 6th February,
Notification No. M/04/004 – DaimlerChrysler AG proposed acquisition of
Mitsubishi Fuso Truck & Bus Corporation
Introduction
1. On 20th January 2004, the Competition Authority, in accordance with Section 18
(1) of the Competition Act, 2002 (“the Act”) was notified, on a mandatory basis,
of a proposal whereby DaimlerChrysler AG (“DaimlerChrysler”), would acquire
sole control of Mitsubishi Fuso Truck & Bus Corporation (“MFTBC”) by
acquiring 22% of the shares held by Mitsubishi Motor Corporation (“MMC”) in
MFTBC, resulting in DaimlerChrysler owning 65% of the shares of MFTBC.
The Parties1
2. DaimlerChrysler is incorporated under German Law. Its consolidated subsidiaries
are active in the following business segments: Mercedes-Benz passenger and
smart cars, Chrysler Group; Commercial vehicles, Financial Services, and Power
Systems –diesel engines and other engines. DaimlerChrysler manufactures and
sells, inter alia, the “Light Duty Truck” or gross vehicle weight (“GVW”) of
approximately 6 tonnes product line. It has approximately [] share of this
market segment in Ireland.
3. DaimlerChrysler distributes its commercial vehicles in Ireland through Motor
Distributors Limited, an independent distributor who works through a nation-
wide network of dealers.
4. MFTBC was created in 2003 as a joint venture company that is 43% owned by
DaimlerChrysler and 42% owned by MMC. Other Mitsubishi Companies own
the remaining 15%. MFTBC is active in the manufacture and sale of commercial
vehicles and buses.
5. In Europe, MFTBC only manufactures and sells the “Canter” which constitutes
its “Light Duty Truck” product line. MFTBC controls approximately [] of this
market segment in Ireland. MFTBC distributes its “Canter” in Ireland through
MMC Commercial Limited. MFTBC does not manufacture or sell any of its
buses or trucks in the “Medium Duty Truck” or GVW of 6-16 tonnes and “Heavy
Duty Truck” or GVW greater than 16 tonnes product segments in Europe. There
is no indication or reason to believe that MFTBC would potentially enter these
market segments in Europe. Additionally, MFTBC does not sell any industrial
engines in the Island of Ireland.
1 Information describing the parties is obtained from the notification.
1

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