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Commission Decision of 08/08/2018 declaring a concentration to be compatible with the common market (Case No COMP/M.9018 - Cerberus / WFS) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

CELEX
32018M9018
Document type
DEC
Sector
Legislation
Date of document
2018-08-08
In force since
2018-08-08
Status
In force

Text

This document has no article-level structure in its source. Full text below.

IMMC.MTF_2018_9018_FIN.ENG.xhtml.m9018.docx EUROPEAN COMMISSION Brussels, 08.08.2018 C(2018) 5497 final PUBLIC VERSION To the notifying party: Subject: Case M.9018 - CERBERUS GROUP / WFS GLOBAL HOLDING 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 Dear Sir or Madam, 1. On 13 July 2018, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by which Promontoria Holding 264 B.V. ("Promontoria", the Netherlands), belonging to the Cerberus Group (United States of America), acquires within the meaning of Article 3(1)(b) of the Merger Regulation sole control over the whole of the undertaking WFS Global Holding S.A.S.

("WFS", France) by way of purchase of shares. 3 2. The business activities of the undertakings concerned are: – for Promontoria: a company which is controlled by the Cerberus Group, a private investment firm engaged in real property and personal property of all kinds. – for WFS: provision of ground handling services incidental to air transport (ramp, passenger and cargo handling services) and other freight related services (namely, offline services and freight forwarding by truck). WFS provides services in North America, the Carribean, Europe, Asia and Africa. 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(b) 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 255, 20.07.2018, p. 18. (4) OJ C 366, 14.12.2013, p. 5.

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