Prior notification of a concentration (Case M.11104 – HUTCHISON PORTS SOKHNA / GOLDEN CHANCE INVESTMENT ENTERPRISE / CMA TERMINALS / JV) Candidate case for simplified procedure (Text with EEA relevance) 2023/C 220/09
Date: 2023-06-22
Institutions: Directorate-General for Competition, European Commission
Subjects: air transport, carriage of goods, economic concentration, financial services, harbour installation, logistics, maritime transport, merger control, shipbuilding, telecommunications








C_2023220EN.01002901.xml










22.6.2023   


EN


Official Journal of the European Union


C 220/29






Prior notification of a concentration
(Case M.11104 – HUTCHISON PORTS SOKHNA / GOLDEN CHANCE INVESTMENT ENTERPRISE / CMA TERMINALS / JV)
Candidate case for simplified procedure
(Text with EEA relevance)
(2023/C 220/09)

1.   
On 15 June 2023, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1).
This notification concerns the following undertakings:






—


Hutchison Port Sokhna Limited (‘HPSL, United Kingdom), controlled by CK Hutchison Holdings Limited (‘CKHH’, Cayman Islands),










—


Golden Chance Investment Enterprise Limited (‘Golden Chance’, Hong Kong), controlled by China COSCO Shipping Corporation Limited (‘COSCO’, Hong Kong),










—


CMA Terminals SAS (‘CMAT’, France), controlled by CMA CGM S.A. (‘CMA CGM’, France),










—


A newly created company (‘Target JV’, United Kingdom).




HPSL, Golden Chance and CMAT will acquire within the meaning of Articles 3(1)(b) and 3(4) of the Merger Regulation indirect joint control of Target JV.
The concentration is accomplished by way of purchase of shares in a newly created company constituting a joint venture.


2.   
The business activities of the undertakings concernedare the following:






—


HPSL is an operating division of CKHH, a leading global developer and operator of container terminals and provider of associated logistical services. CKHH has four core businesses: ports and related services, retail, infrastructure, and telecommunications,










—


Golden Chance is a subsidiary of COSCO active as ports operator. COSCO’s activities include cargo shipping, logistics, ship building and repairing, ship management services, marine engineering, terminal operations, and related financial and IT services,










—


CMAT is a subsidiary of CMA CGM, which offers a range of services related to sea transportation, including container liner shipping and port terminal services. CMA CGM is also active within freight forwarding and contract logistics services through its wholly owned subsidiary CEVA Logistics and provides, through its wholly owned subsidiary CMA CGM Inland Services (CCIS), a limited range of ancillary supply chain management services. Finally, CMA CGM also recently launched CMA CGM Air Cargo and started providing air freight transportation services,






3.   

Target JV will construct, develop and operate a container terminal in the Ain Sokhna port in Egypt.



4.   
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 the Notice.


5.   
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. The following reference should always be specified:
M.11104 – HUTCHISON PORTS SOKHNA / GOLDEN CHANCE INVESTMENT ENTERPRISE / CMA TERMINALS / JV
Observations can be sent to the Commission by email or by post. Please use the contact details below:
Email: COMP-MERGER-REGISTRY@ec.europa.eu
Postal address:





European Commission




Directorate-General for Competition




Merger Registry




1049 Bruxelles/Brussel




BELGIQUE/BELGIË







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

(2)  OJ C 366, 14.12.2013, p. 5.