One
possible hurdle to the Fiat-Chrysler alliance has
now been cleared with the official announcement
yesterday from the European Commission that
after examining the issue it has concluded that
the alliance will not raise any anti-competitive
issues.
EU
statement:
"The European
Commission has cleared under the EU Merger Regulation the
acquisition of the US-based vehicle manufacturer Chrysler
Group LLC by Fiat S.p.A. of Italy. After examining the
operation, the Commission concluded that the transaction
would not significantly impede effective competition in the
European Economic Area (EEA) or any substantial part of it.
"Chrysler produces and sells cars and trucks under the brand names Chrysler, Jeep
and Dodge. Chrysler does most of its business in North America where it derives
more than 90% of its turnover. It does not have any manufacturing facilities of
its own in the EEA. Fiat is a diversified Italian industrial group engaged principally in the
manufacture and sale of passenger cars (Fiat, Lancia, Alfa Romeo, Abarth,
Maserati and Ferrari), agricultural and construction equipment (CNH Case New
Holland), trucks and industrial vehicles (Iveco), and automotive components (FPT
Powertrain Technologies, Magneti Marelli and Teksid). On 30 April 2009 Chrysler filed for protection from its
creditors under Chapter 11 of the US Bankruptcy Code and
announced plans for a global strategic alliance with Fiat.
On 10 June 2009, after a judicial procedure, the company
formerly known as Chrysler LLC sold substantially all of its
assets, without certain debts and liabilities, to a new
company that will operate as Chrysler Group LLC.
"Fiat has acquired an initial
20% equity interest in Chrysler and entered into a number of
agreements with the company to provide it with access to
certain Fiat technology, platforms and power trains. Despite
Fiat’s stake of only 20% in Chrysler, which it may increase
in future, Fiat holds rights in the decision-making process
of Chrysler that will enable it to exercise sole control
over Chrysler.
"The Commission’s examination of
the transaction showed that the horizontal overlaps between
the activities of Chrysler and Fiat are limited. The merger
would therefore not significantly change the competitive
structure of the markets for the manufacture and supply of
passenger cars. The Commission also examined
the possible vertical effects arising from the acquisition
in light of Fiat's presence on a number of markets such as
automotive lighting and transmission systems that are
purchased by manufacturers of passenger cars. The
Commission's examination showed that the transaction would
not lead to competition concerns for two main reasons.
First, as Chrysler is not present on the upstream markets
concerned, the transaction would not strengthen the market
position of the merged entity or the extent of its vertical
integration. In a similar manner, given Chrysler's
relatively limited presence in the EEA on the passenger car
market, the merger would not significantly enhance the
merged entity's market position and it would therefore not
have the ability or incentive to restrict its competitors'
access to the inputs necessary for their vehicle production."
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