# IMMC.MTF_2018_8992_FIN.ENG.xhtml.m8992.docx

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EUROPEAN COMMISSION

EUROPEAN COMMISSION

Brussels, 14.08.2018

Brussels, 14.08.2018

C(2018) 5564 final

C(2018) 5564 final

PUBLIC VERSION

To the notifying parties:

To the notifying parties:

Subject:Case M.8992 - MARITIME HOLDINGS / ZEABORN / ZEAMARINE 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

Subject:

Case M.8992 - MARITIME HOLDINGS / ZEABORN / ZEAMARINE 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

Dear Sir or Madam,

Dear Sir or Madam,

1.On 20 July 2018, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by which the undertakings Maritime Holdings (Delaware), LLC ("Maritime Holdings", United States) controlled by New Mountain Capital (United States) and Zeaborn Chartering Management GmbH ("Zeaborn", Germany) acquire within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control over the whole of the undertaking Zeamarine GmbH ("Zeamarine JV", Germany) by way of purchase of shares in a newly created company constituting a joint venture.
  3

1.

On 20 July 2018, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by which the undertakings Maritime Holdings (Delaware), LLC ("Maritime Holdings", United States) controlled by New Mountain Capital (United States) and Zeaborn Chartering Management GmbH ("Zeaborn", Germany) acquire within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control over the whole of the undertaking Zeamarine GmbH ("Zeamarine JV", Germany) by way of purchase of shares in a newly created company constituting a joint venture.

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2.The business activities of the undertakings concerned are:

2.

The business activities of the undertakings concerned are:

-for Maritime Holdings: ocean cargo shipping;

-

for Maritime Holdings: ocean cargo shipping;

-for Zeaborn: multipurpose cargo shipping services;

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for Zeaborn: multipurpose cargo shipping services;

-for Zeamarine JV: multipurpose cargo shipping (liner/semi-liner and tramp).

-

for Zeamarine JV: multipurpose cargo shipping (liner/semi-liner and tramp).

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.
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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.
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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)

  Johannes LAITENBERGER
  Director-General

(Signed)

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.