# m8805.docx

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EUROPEAN COMMISSION

Brussels,26.4.2018

C(2018) 2689 final

PUBLIC VERSION

To the notifying parties :

To the notifying parties

:

Subject:Case M.8805  Panalpina/DFG/PA NL Perishables

  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.8805

Panalpina

/DFG/PA NL Perishables

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 3 April 2018, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by which the undertakings Panalpina Welttransport (Holding) AG ('Panalpina', Switzerland) and Dutch Flower Group B.V. ('DFG', the Netherlands) acquire within the meaning of Articles 3(1)(b) and 3(4) of the Merger Regulation joint control over the Dutch perishables business of Panalpina ('PA NL Perishables') by way of purchase of assets.
  3

1.

On

3 April 2018

,

the

European

Commission received notification of a proposed concentration pursuant to Article 4 of

the

Merger

Regulation by which

the undertakings

Panalpi

na

Welttransport

(Holding) AG ('

Panalpina

'

, Switzerland

)

and

Dutch Flower Group B

.

V

.

('DFG'

, the Netherlands)

acquire within the meaning of Article

s

3(1

)(

b)

and 3(4)

of the Merger Re

gulation joint control over

the Dutch perishables business of

Panalpina

(

'

PA NL Perishables

'

)

by way of purchase of

assets

.

3

2.The business activities of the undertakings concerned are:

2.

The business activities of the undertakings concerned are:

-for Panalpina: freight forwarding and additional services such as logistics,

-

for

Panalpina

: freight forwarding and additional services such as logistics,

-for DFG: global trade of fresh cut flowers and plants.

-

for

DFG

: global trade of fresh cut flowers and plants.

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 paragraphs 5(a) and 5(b) 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

s

5

(

a

)

and 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.

OJ C 366, 14.12.2013, p. 5.