# C_2006113EN.01001801.xml

| 13.5.2006 | EN | Official Journal of the European Union | C 113/18 |
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13.5.2006

EN

Official Journal of the European Union

C 113/18

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Prior notification of a concentration

(Case COMP/M.4167 — Mitsui/Vopak)

Candidate case for simplified procedure

(2006/C 113/04)

(Text with EEA relevance)

| 1. | On 5 May 2006, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertakings Mitsui & Co (‘Mitsui’, USA) and Koninklijke Vopak N.V. (‘Vopak’, The Netherlands) acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of the undertaking VOPAK ITC (‘VOPAK ITC’, USA) by way of contribution of assets in a newly created company constituting a joint venture. |
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1.

On 5 May 2006, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertakings Mitsui & Co (‘Mitsui’, USA) and Koninklijke Vopak N.V. (‘Vopak’, The Netherlands) acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of the undertaking VOPAK ITC (‘VOPAK ITC’, USA) by way of contribution of assets in a newly created company constituting a joint venture.

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| 2. | The business activities of the undertakings concerned are:






  — | for Mitsui: trading in commodities, including, inter alia, power and energy-related products; iron and steel; |
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2.

The business activities of the undertakings concerned are:

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for Mitsui: trading in commodities, including, inter alia, power and energy-related products; iron and steel;

inter alia

| — | for Vopak: operation of tank terminals for the storage of crude oil, petroleum products, chemicals, LPG and vegetable oils; the inland waterway transportation of these products and the provision of related services; |
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for Vopak: operation of tank terminals for the storage of crude oil, petroleum products, chemicals, LPG and vegetable oils; the inland waterway transportation of these products and the provision of related services;

| — | for Vopak ITC: provision of storage facilities and related services in North America for chemicals, petrochemicals, LPG, petroleum products as well as pipeline and other distribution systems. |
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for Vopak ITC: provision of storage facilities and related services in North America for chemicals, petrochemicals, LPG, petroleum products as well as pipeline and other distribution systems.

| 3. | On preliminary examination, the Commission finds that the notified transaction could fall within the scope of Regulation (EC) No 139/2004. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice. |
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3.

On preliminary examination, the Commission finds that the notified transaction could fall within the scope of Regulation (EC) No 139/2004. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice.

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| 4. | The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.
  Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (No (32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.4167 — Mitsui/Vopak, to the following address:





  European Commission |
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| Directorate-General for Competition, |
| Merger Registry |
| J-70 |
| B-1049 Brussels |

4.

The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.

Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (No (32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.4167 — Mitsui/Vopak, to the following address:

European Commission

Directorate-General for Competition,

Merger Registry

J-70

B-1049 Brussels

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(1)  OJ L 24, 29.1.2004, p. 1.

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(2)  OJ C 56, 5.3.2005, p. 32.

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