# m8711.docx

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EUROPEAN COMMISSION

Brussels, 5.12.2017

C(2017) 8436 final

PUBLIC VERSION

To the notifying parties

To the notifying parties

Subject:Case M.8711 - MACQUARIE / OILTANKING / OILTANKING ODFJELL TERMINAL SINGAPORE 

  Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC) No 139/2004
  1
  and Article 57 of the Agreement on the European Economic Area
  2

Subject

:

Case M.

8711 - MACQUARIE / OILTANKING / OILTANKING ODFJELL TERMINAL SINGAPORE

Commission decision pursuant to Article 6(1

)(

b) of Council Regulation (EC)

No

139/2004

1

and Article 57 of the Agreement on the European Economic Area

2

Dear Sir or Madam,

Dear Sir or Madam,

1.On 13 November 2017, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by which Macquarie Asia Infrastructure Investments 2 Pte. Ltd. ("MAIF2", Singapore), belonging to the Macquarie Group Limited ("Macquarie Group", Australia) and Oiltanking GmbH ("Oiltanking", Germany), controlled by Marquard & Bahls AG ("M&B", Germany), acquire, within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation, joint control over Oiltanking Odfjell Terminal Singapore Pte. Ltd. ("OOTS", Singapore), currently jointly controlled by Oiltanking and Odfjell Terminals B.V., by way of a purchase of shares.
  3

1.

On

13 November 2017

,

the

European

Commission received

notification of a proposed concentration pursuant to Article 4 of

the

Merger

Regulation by which

Macquarie Asia Infrastructure Investments 2

Pte.

Ltd. ("MAIF2", Singapore), belonging to the Macquarie Group Limited ("Macquarie Group", Australia) and

Oiltanking

GmbH ("

Oiltanking

", Germany), controlled by

Marquard

&

Bahls

AG ("M&B", Germany), acquire, within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation,

joint control over

Oiltanking

Odfjell

Terminal Singapore

Pte.

Ltd. ("OOTS", S

ingapore

), currently jointly controlled by

Oiltanking

and

Odfjell

Terminals B.V., by

way of

a

purchase of shares

.

3

2.The business activities of the undertakings concerned are:

2.

The business activities of the undertakings concerned are:

–
     MAIF2 is an infrastructure fund and under the management and control of the Macquarie Infrastructure and Real Assets division of Macquarie Group. Macquarie Group is a global provider of banking, financial, advisory, investment and fund management services listed on the Australian Stock Exchange;

–

M

AIF2

is an

infrastructure fund and under the management and control of the Macquarie Infrastructure and Real Assets division of Macquarie Group. Macquarie Group is a global provider of banking, financial, advisory, investment and fund management services listed on the Australian Stock Exchange;

–
     Oiltanking is a provider of storage services for petroleum products, vegetable oils, chemicals, other liquids and gases, and dry bulk. Oiltanking is ultimately controlled by M&B, which focuses on oil trading, renewable energies, dry bulk handling, carbon trading, gas supply and petroleum analysis;

–

Oiltanking

is

a provider of storage services for petroleum products, vegetable oils, chemicals, other liquids and gases, and dry bulk.

Oiltanking

is ultimately controlled by M&B, which focuses on oil trading, renewable energies, dry bulk handling, carbon trading,

gas

supply and petroleum analysis;

-
     OOTS owns and operates a bulk petrochemical storage facility located on Jurong Island, Singapore.

-

OOT

S

owns and operates a bulk petrochemical storage facility located on

Jurong

Island, Singapore.

3.After examination of the notification, the European Commission has concluded that the notified operation falls within the scope of the Merger Regulation and of paragraph 5(a) of the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004.
  4

3.

After examination of the notification, the

European

Commission has concluded that the notified operation falls within the scope of

the

Merger

Regulation

and of

paragraph 5

(

a

)

of the Commission Notice on a simplified procedure for treatment of certain concentrations under

Council Regulation (EC)

No

139/2004

.

4

4.For the reasons set out in the Notice on a simplified procedure, the European Commission has decided not to oppose the notified operation and to declare it compatible with the internal market and with the EEA Agreement. This decision is adopted in application of Article 6(1)(b) of the Merger Regulation and Article 57 of the EEA Agreement.

4.

For the reasons set out in the Notice on a simplified procedure, the

European

Commission has decided not to oppose the notified operation and to declare it compatible with the

internal

market and with the EEA Agreement. This decision is adopted in application of Article 6(1

)(

b) of

the

Merger

Regulation

and Article 57 of the EEA Agreement

.

For the Commission



  (Signed)

  Johannes LAITENBERGER
  Director-General

For the

Commission

(Signed)

Johannes LAITENBERGER

Director

-

General

OJ L 24, 29.1.2004, p. 1 (the 'Merger Regulation'). With effect from 1 December 2009, the Treaty on the Functioning of the European Union ('TFEU') has introduced certain changes, such as the replacement of 'Community' by 'Union' and 'common market' by 'internal market'. The terminology of the TFEU will be used throughout this decision.

OJ C 366, 14.12.2013, p. 5.