# m8742.docx

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EUROPEAN COMMISSION

Brussels, 23.03.2018

C(2018) 1932 final

PUBLIC VERSION

To the notifying parties

To the notifying parties

Subject:Case M.8742 - IBM / MAERSK / GTD 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.8742

-

IBM / MAERSK / GTD 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 28 February 2018, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by which the undertakings International Business Machines Corporation (‘IBM’, USA) and A.P. Møller Mærsk A/S (‘Maersk’, Denmark) acquire within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control of a newly created company constituting a joint venture, GTD Operations LLC (the ‘JV’, USA), by way of purchase of shares.
  3

1.

On

28 February 2018

,

the

European

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

the

Merger

Regulation by which

the undertakings

International Business Machines Corporation (‘IBM

’

, USA

)

and

A.P.

Møller

Mærsk

A/S (‘Maersk’, Denmark)

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

and

3(4)

of the Merger Regulation

joint control of a newly created company constituting a joint ve

nture, GTD Operations LLC (

the ‘JV’

, USA

), 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 IBM: multinational corporation active worldwide in the development, production, and marketing of a wide variety of information technology (‘IT’) solutions, comprising software, systems (such as servers and storage systems), and services (such as business consulting and IT infrastructure services),

—

for IBM

:

multinational corporation active worldwide in the development, production, and marketing of a wide variety of information technology (‘IT’) solutions, comprising software, systems (such as servers and storage systems), and services (such as business consulting and IT infrastructure services),

—   for Maersk: international group with activities in container shipping, terminal services, harbour towage, logistics, and a separate energy division (in particular exploitation of oil and gas, drilling, and operation of tankers),

—

for Maersk

: international group with activities in container shipping, terminal services, harbour towage, logistics, and a separate energy division (in particular exploitation of oil and gas, drilling, and operation of tankers),

—   for the JV: development and commercialisation of a trade digitization solution for the global shipping supply chain which will provide end to end shipment visibility and document management for global trade.

—

for the JV

:

development and commercialisation of a trade digitization solution for the global shipping supply chain which will provide end to end shipment visibility and document management for global trade.

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(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

s

5

(

a

)

and

5

(

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

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.