# C_2011292EN.01001001.xml

| 5.10.2011 | EN | Official Journal of the European Union | C 292/10 |
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5.10.2011

EN

Official Journal of the European Union

C 292/10

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Prior notification of a concentration

(Case COMP/M.6352 — Vitol/VTTI/ArcLight/Petro Lux)

Candidate case for simplified procedure

(Text with EEA relevance)

2011/C 292/05

| 1. | On 26 September 2011, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which Vitol B.V. (‘Vitol’, The Netherlands), a company controlled by Vitol Holding II SA (Luxembourg), and VTTI B.V. (‘VTTI’, The Netherlands), a company jointly controlled by Vitol and MSCI SDN. BHD (‘MTTI’, Malaysia), the latter being in turn indirectly controlled by Petroliam nasional Berhad (‘Petronas’, Malaysia), together with ArcLight Energy Partners Fund IV L.P. (‘ArcLight’, U.S.A.) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of Petro Lux Sàrl (‘Petro Lux’, Luxembourg), the ultimate mother company of Petrotank Neutrale Tanklager GmbH (‘Petrotank’, Deutschland), by way of purchase of shares. |
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1.

On 26 September 2011, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which Vitol B.V. (‘Vitol’, The Netherlands), a company controlled by Vitol Holding II SA (Luxembourg), and VTTI B.V. (‘VTTI’, The Netherlands), a company jointly controlled by Vitol and MSCI SDN. BHD (‘MTTI’, Malaysia), the latter being in turn indirectly controlled by Petroliam nasional Berhad (‘Petronas’, Malaysia), together with ArcLight Energy Partners Fund IV L.P. (‘ArcLight’, U.S.A.) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of Petro Lux Sàrl (‘Petro Lux’, Luxembourg), the ultimate mother company of Petrotank Neutrale Tanklager GmbH (‘Petrotank’, Deutschland), by way of purchase of shares.

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






  — | for Vitol: independent trading of various commodities and financial instruments relating in particular to the oil and gas sector, |
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2.

The business activities of the undertakings concerned are:

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for Vitol: independent trading of various commodities and financial instruments relating in particular to the oil and gas sector,

| — | for VTTI: ownership and operation of a network of petroleum products terminals, |
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for VTTI: ownership and operation of a network of petroleum products terminals,

| — | for ArcLight: investments in the energy industry, |
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for ArcLight: investments in the energy industry,

| — | for Petrotank: storage and handling of mineral oil products and other liquid products. |
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for Petrotank: storage and handling of mineral oil products and other liquid products.

| 3. | On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the EC Merger Regulation. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under the EC Merger Regulation (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 the EC Merger Regulation. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under the EC Merger Regulation (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 (+32 22964301), by email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.6352 — Vitol/VTTI/ArcLight/Petro Lux, to the following address:





  European Commission |
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| Directorate-General for Competition |
| Merger Registry |
| J-70 |
| 1049 Bruxelles/Brussel |
| BELGIQUE/BELGIË |

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 22964301), by email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.6352 — Vitol/VTTI/ArcLight/Petro Lux, to the following address:

European Commission

Directorate-General for Competition

Merger Registry

J-70

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

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(1)  OJ L 24, 29.1.2004, p. 1 (the ‘EC Merger Regulation’).

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(2)  OJ C 56, 5.3.2005, p. 32 (‘Notice on a simplified procedure’).

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