# C_2014099EN.01003601.xml

| 4.4.2014 | EN | Official Journal of the European Union | C 99/36 |
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4.4.2014

EN

Official Journal of the European Union

C 99/36

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Prior notification of a concentration

(Case M.7218 — Brookfield/APMTNA/APMT Elizabeth)

Candidate case for simplified procedure

(Text with EEA relevance)

2014/C 99/05

| 1. | On 27 March 2014, 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 Brookfield Infrastructure Fund GP II LLC (‘Brookfield’, the United States), ultimately controlled by Brookfield Asset Management Inc. (Canada), and APM Terminals North America Inc. (‘APMTNA’, the United States), ultimately controlled by A.P. Møller-Mærsk A/S (Denmark), acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of the undertaking APM Terminals Elizabeth, LLC (‘APMT Elizabeth’, the United States) by way of purchase of shares. |
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1.

On 27 March 2014, 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 Brookfield Infrastructure Fund GP II LLC (‘Brookfield’, the United States), ultimately controlled by Brookfield Asset Management Inc. (Canada), and APM Terminals North America Inc. (‘APMTNA’, the United States), ultimately controlled by A.P. Møller-Mærsk A/S (Denmark), acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of the undertaking APM Terminals Elizabeth, LLC (‘APMT Elizabeth’, the United States) by way of purchase of shares.

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






  — | for Brookfield: asset management with investments in property, renewable power, infrastructure and private equity, |
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2.

The business activities of the undertakings concerned are:

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for Brookfield: asset management with investments in property, renewable power, infrastructure and private equity,

| — | for APMTNA: operation of container terminals in North America, holding interests in nine terminals in the United States, |
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for APMTNA: operation of container terminals in North America, holding interests in nine terminals in the United States,

| — | for APMT Elizabeth: operation of a container terminal in the Elizabeth Container Terminal of the Port of New York. |
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for APMT Elizabeth: operation of a container terminal in the Elizabeth Container Terminal of the Port of New York.

| 3. | On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the 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 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 the 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 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 (+32 22964301), by e-mail to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number M.7218 – Brookfield/APMTNA/APMT Elizabeth, to the following address:





  European Commission |
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| Directorate-General for Competition |
| Merger Registry |
| 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 e-mail to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number M.7218 – Brookfield/APMTNA/APMT Elizabeth, to the following address:

European Commission

Directorate-General for Competition

Merger Registry

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

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

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(2)  OJ C 366, 14.12.2013, p. 5.

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