# C_2012158EN.01002801.xml

| 5.6.2012 | EN | Official Journal of the European Union | C 158/28 |
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5.6.2012

EN

Official Journal of the European Union

C 158/28

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Prior notification of a concentration

(Case COMP/M.6617 — Baycliffe/Trafigura/Blue Ocean)

Candidate case for simplified procedure

(Text with EEA relevance)

2012/C 158/10

| 1. | On 29 May 2012, 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 Baycliffe Limited (‘Baycliffe’, Isle of Man) and Trafigura Beheer B.V. (‘Trafigura’, The Netherlands) acquire within the meaning of Article 3(1)(b) of the Merger Regulation indirect joint control of Blue Ocean Associates Limited, (‘Blue Ocean’, UK) and Baycliffe intends to acquire also within the meaning of Article 3(1)(b) of the Merger Regulation sole control of two subsidiaries of Blue Ocean, Blue Ocean International Limited (‘BOIL’) and Blue Ocean Mineralol GmbH (‘BOG’). |
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1.

On 29 May 2012, 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 Baycliffe Limited (‘Baycliffe’, Isle of Man) and Trafigura Beheer B.V. (‘Trafigura’, The Netherlands) acquire within the meaning of Article 3(1)(b) of the Merger Regulation indirect joint control of Blue Ocean Associates Limited, (‘Blue Ocean’, UK) and Baycliffe intends to acquire also within the meaning of Article 3(1)(b) of the Merger Regulation sole control of two subsidiaries of Blue Ocean, Blue Ocean International Limited (‘BOIL’) and Blue Ocean Mineralol GmbH (‘BOG’).

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






  — | Blue Ocean: blending, marketing and distribution of diesel and gasoline products to retail and commercial customers; trading and marketing of petrochemical by-products, |
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2.

The business activities of the undertakings concerned are:

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Blue Ocean: blending, marketing and distribution of diesel and gasoline products to retail and commercial customers; trading and marketing of petrochemical by-products,

| — | Baycliffe: investment firm involved in radio broadcasting, coffee/food retail, on-line recruitment, disaster recovery services, aircraft leasing and mobile telecommunications, |
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Baycliffe: investment firm involved in radio broadcasting, coffee/food retail, on-line recruitment, disaster recovery services, aircraft leasing and mobile telecommunications,

| — | Trafigura: trading of physical commodities, sourcing and trading of crude oil, petroleum products, renewable fuels, non-ferrous concentrates and refined metals. |
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Trafigura: trading of physical commodities, sourcing and trading of crude oil, petroleum products, renewable fuels, non-ferrous concentrates and refined metals.

| 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.6617 — Baycliffe/Trafigura/Blue Ocean, 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.6617 — Baycliffe/Trafigura/Blue Ocean, 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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