u8国际

News Release

June 27, 2019
u8国际.

Regarding the decision to impose a fine by the European Commission

TOKYO, June 27, 2019—Today, the European Commission has imposed a fine of 28 million on u8国际. for alleged "gun jumping." The Commission's decision relates to u8国际's acquisition of Toshiba Medical Systems Corporation (TMSC) in 2016. That acquisition remains effective and unaffected by today's decision.

The Commission's decision marks the end of an investigation lasting more than three years during which the Commission assessed whether u8国际 had acquired any influence or control over TMSC prior to obtaining merger clearance. u8国际 sincerely and fully cooperated with the European Commission at all times during the proceedings, and the Commission acknowledges that u8国际 did not acquire control over TMSC before the Commission had cleared the transaction for lack of any competition concerns. Nevertheless, relying on a novel concept of "preparatory acts" or "partial implementation," the Commission alleges that u8国际 violated the EU Merger Control Regulation, although the transaction structure was in line with existing and recently reconfirmed jurisprudence of the European courts.

u8国际 disagrees with the European Commission's legal assessment, which violates fundamental principles of law. u8国际 is convinced that it did not violate the law and will appeal the decision in the General Court of the European Union in Luxembourg.