# C_2009007EN.01001501.xml

| 13.1.2009 | EN | Official Journal of the European Union | C 7/15 |
| --- | --- | --- | --- |

13.1.2009

EN

Official Journal of the European Union

C 7/15

---

Prior notification of a concentration

(Case COMP/M.5450 — Kühne/HGV/TUI/Hapag-Lloyd)

(Text with EEA relevance)

(2009/C 7/11)

| 1. | On 23 December 2008, 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 Kühne Holding AG (‘Kühne’), HGV Hamburger Gesellschaft für Vermögens- und Beteiligungsmanagement mbH (‘HGV’) and TUI AG (‘TUI’) (all of Germany) acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of the undertaking Hapag-Lloyd AG (‘HL AG’, Germany) by way of purchase of shares. |
| --- | --- |

1.

On 23 December 2008, 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 Kühne Holding AG (‘Kühne’), HGV Hamburger Gesellschaft für Vermögens- und Beteiligungsmanagement mbH (‘HGV’) and TUI AG (‘TUI’) (all of Germany) acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of the undertaking Hapag-Lloyd AG (‘HL AG’, Germany) by way of purchase of shares.

1

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






  — | for Kühne: holding company, logistic services including sea freight forwarding, insurance brokerage and real estate business, inland transportation, |
| --- | --- | --- |

2.

The business activities of the undertakings concerned are:

—

for Kühne: holding company, logistic services including sea freight forwarding, insurance brokerage and real estate business, inland transportation,

| — | for HGV: investment and holding company of the business activities of the City of Hamburg, including container terminal services and terminal logistics services, inland transportation, |
| --- | --- |

—

for HGV: investment and holding company of the business activities of the City of Hamburg, including container terminal services and terminal logistics services, inland transportation,

| — | for TUI: tourism and shipping, container liner shipping, cruise line services, inland transportation, |
| --- | --- |

—

for TUI: tourism and shipping, container liner shipping, cruise line services, inland transportation,

| — | for HL AG: container shipping and container port terminal services. |
| --- | --- |

—

for HL AG: container shipping and container port terminal services.

| 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. |
| --- | --- |

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.

| 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 ((32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.5450 — Kühne/HGV/TUI/Hapag-Lloyd, to the following address:





  European Commission |
| --- | --- |
| 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 ((32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.5450 — Kühne/HGV/TUI/Hapag-Lloyd, to the following address:

European Commission

Directorate-General for Competition

Merger Registry

J-70

B-1049 Brussels

---

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

1

---