# C_2012079EN.01001901.xml

| 17.3.2012 | EN | Official Journal of the European Union | C 79/19 |
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17.3.2012

EN

Official Journal of the European Union

C 79/19

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Prior notification of a concentration

(Case COMP/M.6346 — APMT/Bolloré/Congo Terminal)

Candidate case for simplified procedure

(Text with EEA relevance)

2012/C 79/06

| 1. | On 9 March 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 APM Terminals BV (‘APMT’) a wholly owned subsidiary of AP Møller-Mærsk A/S (‘APMM’, The Netherlands), and Bolloré Africa Logistics, ultimately controlled by Bolloré SA (‘Bolloré’, France), acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of the undertaking Congo Terminal SA (Republic of Congo) by way of purchase of shares. |
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1.

On 9 March 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 APM Terminals BV (‘APMT’) a wholly owned subsidiary of AP Møller-Mærsk A/S (‘APMM’, The Netherlands), and Bolloré Africa Logistics, ultimately controlled by Bolloré SA (‘Bolloré’, France), acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of the undertaking Congo Terminal SA (Republic of Congo) by way of purchase of shares.

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






  — | for APMT: subsidiary of APMM, which develops and operates container terminals and related activities worldwide, containerized liner shipping, inland transportation and logistics, harbour towage, tankers, oil and gas exploration and production, retail and air transport, |
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2.

The business activities of the undertakings concerned are:

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for APMT: subsidiary of APMM, which develops and operates container terminals and related activities worldwide, containerized liner shipping, inland transportation and logistics, harbour towage, tankers, oil and gas exploration and production, retail and air transport,

| — | for Bolloré: performance of services and consulting activities; freight forwarding and logistics services; sea, fluvial, ground and air chartering and bulking services; transportation activity and ancillary activities, and handling and warehousing services; acquisition of shares in companies or undertakings, |
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for Bolloré: performance of services and consulting activities; freight forwarding and logistics services; sea, fluvial, ground and air chartering and bulking services; transportation activity and ancillary activities, and handling and warehousing services; acquisition of shares in companies or undertakings,

| — | for Congo Terminal: management of the container terminal in the port of Pointe Noire, Congo-Brazzaville, which includes a logistics base located in the vicinity of the port of Pointe Noire. |
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for Congo Terminal: management of the container terminal in the port of Pointe Noire, Congo-Brazzaville, which includes a logistics base located in the vicinity of the port of Pointe Noire.

| 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.6346 — APMT/Bolloré/Congo Terminal, 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.6346 — APMT/Bolloré/Congo Terminal, 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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