# C_2015004EN.01001501.xml

| 9.1.2015 | EN | Official Journal of the European Union | C 4/15 |
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9.1.2015

EN

Official Journal of the European Union

C 4/15

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Prior notification of a concentration

(Case M.7427 — Macquarie/Nippon Yusen Kaisha/NYK Ports)

Candidate case for simplified procedure

(Text with EEA relevance)

(2015/C 4/03)

| 1. | On 19 December 2014, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which Macquarie Infrastructure Partners III, L.P. (‘MIP III’, United States of America), a wholly-owned subsidiary of Macquarie Group (Australia), and NYK Group Americas Inc. (‘NYK Group Americas’, United States of America), a wholly-owned subsidiary of Nippon Yusen Kaisha (Japan), acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of NYK Ports LLC (United States of America) by way of purchase of shares. |
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1.

On 19 December 2014, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which Macquarie Infrastructure Partners III, L.P. (‘MIP III’, United States of America), a wholly-owned subsidiary of Macquarie Group (Australia), and NYK Group Americas Inc. (‘NYK Group Americas’, United States of America), a wholly-owned subsidiary of Nippon Yusen Kaisha (Japan), acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of NYK Ports LLC (United States of America) by way of purchase of shares.

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






  — | MIP III, an investment fund focused on investments in infrastructure and related assets in the United States of America and Canada, |
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2.

The business activities of the undertakings concerned are:

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MIP III, an investment fund focused on investments in infrastructure and related assets in the United States of America and Canada,

| — | NYK Group Americas offers marine transportation and global logistics services in North America, |
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NYK Group Americas offers marine transportation and global logistics services in North America,

| — | NYK Ports LLC, currently solely controlled by NYK Group Americas, operates marine terminals and provides stevedoring services in ports located in the United States of America and Canada. |
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NYK Ports LLC, currently solely controlled by NYK Group Americas, operates marine terminals and provides stevedoring services in ports located in the United States of America and Canada.

| 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 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 this 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 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 this 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 M.7427 — Macquarie/Nippon Yusen Kaisha/NYK Ports, 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 email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number M.7427 — Macquarie/Nippon Yusen Kaisha/NYK Ports, 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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