Prior notification of a concentration (Case M.11333 – CEVA LOGISTICS / FNAC DARTY / JV) – Candidate case for simplified procedure
Date: 2023-12-08
Institutions: Directorate-General for Competition, European Commission
Subjects: carriage of goods, delivery, economic concentration, electronic commerce, household electrical appliance, logistics, merger control, postal service, retail trade, service








C_202301452EN.000101.fmx.xml












Official Journal of the European Union


EN
Series C













C/2023/1452


8.12.2023






Prior notification of a concentration
(Case M.11333 – CEVA LOGISTICS / FNAC DARTY / JV)
Candidate case for simplified procedure
(Text with EEA relevance)
(C/2023/1452)


1.   
On 30 November 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:






—


CEVA Logistics S.A (‘CEVA’, France), controlled by CMA CGM S.A (‘CMA CGM’, France), in turn solely controlled by Merit France SAS (‘Merit’, France), a holding company controlled by Mr. Rodolphe Saadé, Mrs. Tanya Saadé-Zeenny, Mr. Jacques Junior Saadé and Mrs. Naïla Saadé,










—


Fnac Darty S.A (‘Fnac Darty’, France),










—


a newly created joint venture (‘Weavenn’, France).




CEVA and Fnac Darty will acquire within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control of Weavenn.
The concentration is accomplished by way of purchase of shares.


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






—


CEVA is active in freight forwarding and contract logistics services. CMA CGM is the parent company and mainly involved in container liner shipping, port terminal services, and through CEVA in freight forwarding, contract logistics and small package last-mile delivery services,










—


Fnac Darty is active in the retail distribution of technical products, household appliances and cultural goods and services through its two main brands Fnac and Darty, as well as marketplace services for e-sellers on its two websites.






3.   

The business activities of the undertaking Weavenn will be the following: supply of a new advanced fulfilment technology to e-sellers active on marketplaces, in order to organise the logistics of their marketplace orders and, at a later stage, supply of a new e-commerce marketplace software solution.



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.11333 – CEVA LOGISTICS / FNAC DARTY / 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 160, 5.5.2023, p. 1.


ELI: http://data.europa.eu/eli/C/2023/1452/oj
ISSN 1977-091X (electronic edition)