Prior notification of a concentration (Case M.11065 – SAMSKIP / DUISPORT / TX LOGISTIK / ZIEL TERMINAL) Candidate case for simplified procedure (Text with EEA relevance) 2023/C 274/11
Date: 2023-08-03
Institutions: Directorate-General for Competition, European Commission
Subjects: North Rhine-Westphalia, economic concentration, harbour installation, joint venture, logistics, merger control, ownership, provision of services, rail transport, transport company








C_2023274EN.01002301.xml










3.8.2023   


EN


Official Journal of the European Union


C 274/23






Prior notification of a concentration
(Case M.11065 – SAMSKIP / DUISPORT / TX LOGISTIK / ZIEL TERMINAL)
Candidate case for simplified procedure
(Text with EEA relevance)
(2023/C 274/11)

1.   
On 26 July 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:






—


Samskip Holding B.V. (‘Samskip’, Netherlands), ultimately controlled by two private individuals;










—


Duisburg Hafen AG (‘Duisport’, Germany), ultimately controlled by Beteiligungsverwaltungsgesellschaft des Landes NRW mbH (‘BVG’, Germany);










—


TX Logistik AG (‘TX Logistik’, Germany), ultimately controlled by Ferrovie dello Stato Italiane Sp.A. (‘FS’, Italy);










—


A newly created company that will operate the bi-modal rail/road terminal located in Krefeld-Uerdingen, Duisburg (‘JV’ or ‘Ziel Terminal’, Germany).




Samskip, Duisport and TX Logistik will acquire within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control of Ziel Terminal.
The concentration is accomplished by way of purchase of share in a newly created company constituting a joint venture.


2.   
The business activities of the undertakings concerned and the newly set-up joint venture are the following:






—


Samskip is a global logistic company offering transport and related services by land, sea, rail and air;










—


Duisport is the owner and management company of the port of Duisburg and currently manages other terminals located within a radius of about 200 km around the location of the Ziel Terminal;










—


TX Logistik is a rail logistic company operating in Europe;










—


the JV will operate the Ziel Terminal.






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 the Notice.


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. The following reference should always be specified:
M.11065 – SAMSKIP / DUISPORT / TX LOGISTIK / ZIEL TERMINAL
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.