# m8540.docx

| | EUROPEAN COMMISSION |
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EUROPEAN COMMISSION

Brussels, 08.02.2018

C(2018)892 final

PUBLIC VERSION

To the notifying party :

To the notifying party

:

Subject:Case M.8540 - KUEHNE + NAGEL / KUEHNE + NAGEL DRINKSFLOW LOGISTICS

  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

Subject

:

Case

M.8540 - KUEHNE + NAGEL / KUEHNE + NAGEL DRINKSFLOW LOGISTICS

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,

Dear Sir or Madam,

1.On 08 January 2018, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by which the undertaking Kuehne + Nagel Limited ("K+N", United Kingdom) acquires within the meaning of Article 3(1)(b) of the Merger Regulation sole control over the whole of the undertaking Kuehne + Nagel Drinkflow Logistics Holdings Limited ("K+NDL", United Kingdom), a company jointly controlled by K+N and Heineken UK Limited (‘Heineken’) and which is the parent company of Kuehne + Nagel Drinkflow Logistics Limited (‘K+NDL AssetCo’), by way of purchase of shares.
  3

1.

On

08 January 2018

,

the

European

Commission received notification of a proposed conc

entration pursuant to Article 4

of

the

Merger

Regulation by which

the undertaking

Kuehne

- Nagel Limited ("K+N", United Kingdom

)

acquire

s

within the meaning of Article 3(1)(b) of the Merger Regulation

sole

control over the whole of the undertaking

Kuehne

- Nagel

Drinkflow

Logistics Holdings Limited ("K+NDL", United Kingdom),

a company jointly controlled by K+N and Heineken UK Limited (‘Heineken’) and which is the parent company of

Kuehne

- Nagel

Drinkflow

Logistics Limited (‘K+NDL

AssetCo

’)

,

by way of purchase of shares

.

3

2.The business activities of the undertakings concerned are:

2.

The business activities of the undertakings concerned are:

-for K+N: provision of contract logistics services in the United Kingdom. K+N's business activities include storage, warehousing and distribution of food, beverage and general goods;

-

for K+N: provision of contract logistics services in the United Kingdom. K+N's business activities include storage, warehousing and distribution of food, beverage and general goods;

-for K+NDL: provision of drinks distribution services in the United Kingdom.

-

for K+NDL: provision of drinks distribution services in the United Kingdom.

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(d) of the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004.
  4

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

(

d

)

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.

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

For the Commission

(Signed)

(Signed)

Johannes LAITENBERGER
  Director-General

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.

OJ C 366, 14.12.2013, p. 5.