m8195.docx EUROPEAN COMMISSION Brussels, 7.10.2016 C(2016) 6562 final To the notifying parties Dear Sirs, Subject : Case M. 8195 – BRAMBLES / FR / JV Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC) No 139/2004 1 and Article 57 of the Agreement on the European Economic Area 2 1. On 13 September 2016 , the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by which the undertakings Brambles Industries Limited (‘Brambles’, Australia) and First Reserve Management L.P. (‘FR’, United States) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of a newly created company (‘ Newco ’) (United Kingdom) by way of purchase of shares and transfer of assets .
3 2. The business activities of the undertakings concerned are: - Brambles is a supply-chain logistic company listed on the Australian Securities Exchange and headquartered in Sydney, Australia . - FR is a private equity and infrastructure investment firm specialising in the energy industry. - Newco will be active in the manufacture, renting, selling and servicing of container and mobile assets solutions to a number of industries, in particular, the oil and gas industry. In particular, Newco will combine the following businesses, currently operated by each of Brambles and FR individually: ( i ) Ferguson, which rents, sells and services specialist containers and other equipment for the international offshore energy sector;
(ii) CHEP Catalyst and Chemical Containers, which provides products and services related to the storage and transportation of fresh, pre- sulfided and spent catalyst; and (iii) Hoover, which manufactures, rents, sells and services fluid, dry cargo and waste management container solutions. 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 ( c ) of the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004 .
4 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 and Article 57 of the EEA Agreement . For the Commission ( signed ) Johannes LAITENBERGER 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 L 1, 3.1.1994, p. 3 ( the ' EEA Agreement ' ). (3) Publication in the Official Journal of the European Union No C 344 , 20.09.2016 , p. 10 . (4) OJ C 366, 14.12.2013, p. 5 .