Commission Decision of 22/02/2012 declaring a concentration to be compatible with the common market (Case No COMP/M.6216 - IHC / DEME / OCEANFLORE JV) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic) |EUROPEAN COMMISSION | Brussels, 22.02.2012 PUBLIC VERSION C(2012) 1321 final SIMPLIFIED MERGER PROCEDURE To the notifying parties: | | Dear Madam(s) and/or Sir(s), Subject: Case No COMP/M.6216-IHC/ DEME/ OCEANFLORE JV Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC) No 139/2004 [1] 1. On 23 January 2012, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by which IHC Merwede Holding B.V ("IHC", the Netherlands) and DEME N.V.
("DEME", Belgium) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of the undertaking OceanflORE B.V. ("OceanflORE JV", the Netherlands) by way of purchase of shares in a newly created company constituting a joint venture. The business activities of the undertakings concerned are: - IHC: development of technology and construction of equipment for dredging activities, dredging related activities, marine mining and various offshore activities, - DEME: provision of services in the field of dredging, land reclamation, marine hydraulic engineering, and environmental sectors, - OceanflORE JV: provision of deep sea mining services [2] .
2. 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 [3] . 3. 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] Publication in the Official Journal of the European Union No C 23, 28.1.2012, p. 37. [3] OJ C 56, 5.3.2005, p. 32.