Prior notification of a concentration (Case M.11754 – MSC / TTC / SAMUDERA / JV) – Candidate case for simplified procedure
Date: 2024-11-07
Institutions: Directorate-General for Competition, European Commission
Subjects: Indonesia, container, economic concentration, harbour installation, logistics, maritime transport, merger control, port traffic, rail transport, wholesale trade








C_202406787EN.000101.fmx.xml












Official Journal of the European Union


EN
C series













C/2024/6787


7.11.2024






Prior notification of a concentration
(Case M.11754 – MSC / TTC / SAMUDERA / JV)
Candidate case for simplified procedure
(Text with EEA relevance)
(C/2024/6787)


1.   
On 28 October 2024, 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:






—


Africa Global Logistics SAS (‘AGL’, France), controlled by MSC Mediterranean Shipping Company Holding SA (‘MSC’, Switzerland),










—


Toyota Tsusho Corporation (‘TTC’, Japan),










—


PT Samudera Pelabuhan Indonesia (Indonesia), controlled by PT Samudera Indonesia Tbk (‘Samudera’, Indonesia).




AGL, TTC and Samudera will acquire within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control of PT Patimban Global Gateway Terminal (‘PT Patimban’, Indonesia).
The concentration is accomplished by way of purchase of shares in a newly created company constituting a joint venture.
The same concentration was already notified to the Commission on 26 September 2024, but the notification was subsequently withdrawn on 2 October 2024.


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






—


AGL: transport, logistic services, port terminal concessions and railway infrastructure mainly across the African continent. MSC is active worldwide in sea transport of containersized cargo, port handling, logistics services, cruise and ferry sectors,










—


TTC: trading company operating globally across various sectors, such as metals, parts and logistics, automotive, machinery, energy, chemicals and electronics,










—


Samudera: shipping services, port operation services and logistic solutions mainly in Asia.






3.   

The business activities of the undertaking PT Patimban will be the following: operation and management of a container terminal in the port of Patimban, Indonesia.



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 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.


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.11754 – MSC / TTC / SAMUDERA / 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/2024/6787/oj
ISSN 1977-091X (electronic edition)