The Final Examination regarding the acquisition of the sole control of Embraco, which is the compressor manufacturing branch of Whirlpool Corporation, by Nidec Corporation Concluded (24.4.2019)

The final examination conducted according to Competition Board decision dated 20.12.2018 and numbered 18-48/744-M related to the acquisition of the sole control of Embraco, which is the compressor manufacturing branch of Whirlpool Corporation, by Nidec Corporation was concluded.

 

As a result of the final examination, the Competition Board took the decision dated 18.04.2019 and numbered 19-16/231-103. It was decided unanimously that

 

The notified transaction is subject to authorization under the scope of article 7 of the act no. 4054 and the Communiqué no. 2010/4 on Mergers and Acquisitions Calling for the Authorization of the Competition Board, which was issued based on that article.

The commitments submitted to the European Commission by the parties eliminates horizontal and vertical overlaps in Turkey regarding the sales of  household type reciprocating hermetic cooling compressors, reciprocating hermetic light commercial cooling compressors and sales of condenser units; thus, the transaction would not result in creating a dominant position or strengthening a dominant position and distorting competition significantly within the framework of article 7 of the Act no. 4054.

Within this framework, the transaction shall be authorized on condition that the commitments submitted to and accepted by the European Commission are fulfilled.

Judicial review for the decision before Ankara Administrative Courts shall be possible within 60 days as of the notification of the reasoned decision.