Commission Decision of 14/06/2006 declaring a concentration to be compatible with the common market (Case No IV/M.4167 - MITSUI / VOPAK) according to Council Regulation (EEC) No 4064/89 (Only the English text is authentic) Brussels, 14.06.2006 SG (2006) D/203088/203089 To the notifying parties Dear Madams and Sirs, Subject: Case No. COMP/M.4167 – Mitsui/ Vopak Notification of 05.05.2006 pursuant to Article 4 of Council Regulation (EEC) No. 139/2004 [1] Publication in the Official Journal of the European Union No. C 113, 13/05/2006, p18. 1. On 05.05.2006 the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EEC) No.
139/2004 by which the undertakings Mitsui & Co (“Mitsui, USA”) and Konklijke Vopak N.V. (“Vopak”, the Netherlands) acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of the whole of the undertaking Vopak ITC (“Vopak ITC”, USA) by way of contribution of assets in a newly created company, constituting a joint venture. 2. The business activities of the undertakings concerned are: - for Mitsui: trading in commodities, including, inter alia, power and energy-related products; iron and steel; - for Vopak: operation of tank terminals for the storage of crude oil, petroleum products, chemicals, LPG and vegetable oils; the inland waterway transportation of these products and the provision of related services; - for Vopak ITC: provision of storage facilities and related services in North America for chemicals, petrochemicals, LPG, petroleum products as well as pipeline and other distribution systems.
3. After examination of the notification, the Commission has concluded that the notified operation falls within the scope of Council Regulation (EEC) No. 139/2004 and of paragraph 5, subparagraphs a) and b) of the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EEC) No 139/2004 [2]. 4. For the reasons set out in the Notice on a simplified procedure, the Commission has decided not to oppose the notified operation and to declare it compatible with the common market and with the EEA Agreement. This decision is adopted in application of Article 6(1)(b) of Council Regulation (EEC) No.
139/2004. For the Commission, (signed) Philip Lowe Director General [1] OJ L 24, 29.1.2004 p. 1 [2] OJ C 56, 05.3.2005 p.32 --------------------------------------------------