# m8695.docx

| | EUROPEAN COMMISSION |
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EUROPEAN COMMISSION

Brussels, 6.2.2018

C(2018) 830 final

PUBLIC VERSION

To the notifying parties

To the notifying parties

Subject:Case M.8695 - PSA / TIL / PPIT

  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.8695

-

PSA / TIL / PPIT

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 12 January 2018, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by which the undertakings PSA International Pte. Ltd. (Singapore) and Terminal Investment Limited SARL (Switzerland), jointly controlled by MSC Mediterranean Shipping Company Holding S.A. (Switzerland), Global Infrastructure Management (United States) and Global Infrastructure Partners (United States) acquire within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control over the whole of the undertaking PSA Panama International Terminal S.A. (Panama), controlled by PSA  International Pte Ltd, by way of purchase of shares.
  3

1.

On

12

January 2018

,

the

European

Commission received notification of a proposed conc

entration pursuant to Article 4

of

the

Merger

Regulation by which

the undertaking

s

PSA

International

Pte.

Ltd. (

Singapore

)

and

Terminal Investment Limited S

ARL

(

Switzerland), jointly controlled by MSC Mediterranean Shipping Compa

ny Holding S.A. (

Switzerland), Global Infrastructure Management

(United States)

and Global Infrastructure Partners (United States

)

acquire within the meaning of Article 3(1)(b)

and 3(4)

of the Merger Regulation

joint

control over the whole of the undertaking

PSA Panama International Terminal S.A. (Panama), controlled by PSA

International Pte Ltd

,

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 PSA International Pte Ltd: stevedoring services at ports, with a particular focus on terminal services for containerised liner ships,

—  for PSA International Pte Ltd: stevedoring services at ports, with a particular focus on terminal services for containerised liner ships,

—   for Terminal Investment Limited SARL: investment, development and management of container terminals,

—   for Terminal Investment Limited SARL: investment, development and management of container terminals,

—   PSA Panama International Terminal SA: operating a container terminal in the Port of Rodman, Panama.

—   PSA Panama International Terminal SA: operating a container terminal in the Port of Rodman, Panama.

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) and (c) 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

(

a)

and (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.

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

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.