Commission Decision of 08/05/2013 declaring a concentration to be compatible with the common market (Case No COMP/M.6913 - DP WORLD / GOODMAN / DP WORLD ASIA) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic) |EUROPEAN COMMISSION | Brussels, 08/05/2013 PUBLIC VERSION C(2013) 2857 SIMPLIFIED MERGER PROCEDURE To the notifying parties: | | Dear Madam(s) and/or Sir(s), Subject: Case No COMP/M.6913 – DP WORLD/ GOODMAN/ DP WORLD ASIA Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC) No 139/2004 [1] 1. On 9 April 2013, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by which the undertaking Goodman Hong Kong Logistics Fund, ultimately controlled by the Goodman Group ("Goodman", Australia), and DP World Limited ("DP World", United Arab Emirates) acquire within the meaning of Article 3(1) (b) of the Merger Regulation control of the undertaking DP World Asia Limited (“DPWA”, Hong Kong, China) by way of purchase of shares [2] .
2. The business activities of the undertakings concerned are: - for Goodman: an integrated commercial and industrial property group that owns, develops and manages real estate including warehouses, large scale logistics facilities, business parks and offices; - for DP World: international maritime operator providing cargo handling and logistics services across the world; - for DPWA: container terminal services and logistics, including warehouse and office leasing, cargo handling, container freight station and distribution services in Hong Kong. 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 [3] .
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] Publication in the Official Journal of the European Union No C 109, 16.04.2013, p.11 [3] OJ C 56, 5.3.2005, p. 32.