Prior notification of a concentration (Case M.11217 – PETRONORD / PETROCARGO / HEMPELMANN WITTEMÖLLER) – Candidate case for simplified procedure
Date: 2024-03-01
Institutions: Directorate-General for Competition, European Commission
Subjects: Germany, economic concentration, energy-generating product, fuel, fuel wood, merger control, motor fuel, retail trade, wholesale trade








C_202401915EN.000101.fmx.xml












Official Journal of the European Union


EN
Series C













C/2024/1915


1.3.2024






Prior notification of a concentration
(Case M.11217 – PETRONORD / PETROCARGO / HEMPELMANN WITTEMÖLLER)
Candidate case for simplified procedure
(Text with EEA relevance)
(C/2024/1915)


1.   
On 22 February 2024, the Commission received notification of a proposed concentration pursuant to Article 4 and following a referral pursuant to Article 4(5) of Council Regulation (EC) No 139/2004 (1).
This notification concerns the following undertakings:






—


Petronord GmbH & Co. KG (‘Petronord’), indirectly controlled by Marquard & Bahls AG (both Germany),










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Petrocargo Mineralöllogistik GmbH (‘Petrocargo’, Germany),










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Hempelmann Wittemöller GmbH (‘Hempelmann Wittemöller’, Germany).




Petronord will acquire within the meaning of Article 3(1)(b) of the Merger Regulation sole control of the whole of Petrocargo and Hempelmann Wittemöller. The intended acquisition constitutes a merger by transitioning from joint to sole control, as defined under Articles 3(1)(b) and (2)(b) of the Merger Regulation.
The concentration is accomplished by way of purchase of shares.


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






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Petronord’s activities focus on end-consumer business with energy products such as fuels, heating oil, natural gas, and electricity mainly in Germany but also in other EU Member States and globally.










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Petrocargo provides transportation services for fuels, AdBlue®, and heating oil in Germany, almost exclusively for companies that are indirectly controlled by Petronord.










—


Hempelmann Wittemöller is active in the retail sector for heating oil, firewood, wood pellets, fuels, LNG, and AdBlue® as well as in the wholesale of fuels and AdBlue® mainly in Germany but also in other EU Member States.






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 treatment for certain concentrations under Council Regulation (EC) No 139/2004 on the control of concentrations between undertakings (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.11217 – PETRONORD / PETROCARGO / HEMPELMANN WITTEMÖLLER
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/2024/1915/oj
ISSN 1977-091X (electronic edition)