Commission Decision of 21/03/2011 declaring a concentration to be compatible with the common market (Case No COMP/M.6120 - APMT / PSA / COSCO / DPPC / DPCT) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic) |EUROPEAN COMMISSION | Brussels , 21.3.2011 SG-Greffe(2011) D/4413; 4414; 4415 PUBLIC VERSION C(2011) 1944 final MERGER PROCEDURE ARTICLE 6(1)(b) DECISION SIMPLIFIED PROCEDURE To the notifying parties: Dear Madam(s) and/or Sir(s), Subject: Case No COMP/M.6120 - APMT / PSA / COSCO / DPPC / DPCT Notification of 18.02.2011 pursuant to Article 4 of Council Regulation (EC) No 139/2004 [1] Publication in the Official Journal of the European Union No C 060, 25.02.2011, p.
23. 1. On 18.02.2011 the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by which the undertakings APM Terminals China Company Limited ("APMT"), belonging to the A.P. Møller-Maersk A/S group ("APMM", Denmark), PSA China Pte Ltd ("PSA China"), belonging to PSA International Pte Ltd ("PSA", Singapore), COSCO Ports (Dalian) Limited ("COSCO Dalian"), belonging to the China Ocean Shipping (Group) Company ("COSCO") group and Dalian Port Company (PDA) Limited ("DPPC", China) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of the undertaking Dalian Port Container Terminal Co.
Ltd. ("DPCT", China) by way of purchase of shares. 2. The business activities of the undertakings concerned are: - for APMM: development and operation of container terminals and related activities worldwide, containerized liner shipping, inland transportation and logistics, harbour towage, tankers, oil and gas exploration and production, retail and air transport - for PSA : global port operator - for COSCO: cargo shipping, logistics, ship building and repairing, ship management services, marine engineering, terminal operations and related financial and IT services - for DPPC: holding company for the Dalian Port group, which is active as operator of container, automobile and oil/liquefied chemicals terminals and related logistics and port services - for DPCT: operation of a shipping container terminal in the Port of Dalian, China.
3. After examination of the notification, the European Commission has concluded that the notified operation falls within the scope of the Merger Regulation and of paragraph 5(a) of the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004 [2] . 4. For the reasons set out in the Notice on a simplified procedure, the European Commission has decided not to oppose the notified operation and to declare it compatible with the internal market and with the EEA Agreement. This decision is adopted in application of Article 6(1)(b) of the Merger Regulation.
For the Commission (signed) Alexander ITALIANER Director General [1]OJ L 24, 29.1.2004, p. 1 ("the Merger Regulation"). With effect from 1 December 2009, the Treaty on the Functioning of the European Union ("TFEU") has introduced certain changes, such as the replacement of "Community" by "Union" and "common market" by "internal market". The terminology of the TFEU will be used throughout this decision. [2] OJ C 56, 5.3.2005, p. 32.