Prior notification of a concentration (Case M.11733 – BMWK / MOF NDS / MEYER GERMANY) – Candidate case for simplified procedure
Date: 2024-11-12
Institutions: Directorate-General for Competition, European Commission
Subjects: economic concentration, investment company, merger control, pleasure craft, sale, shipbuilding








C_202406856EN.000101.fmx.xml












Official Journal of the European Union


EN
C series













C/2024/6856


12.11.2024






Prior notification of a concentration
(Case M.11733 – BMWK / MOF NDS / MEYER GERMANY)
Candidate case for simplified procedure
(Text with EEA relevance)
(C/2024/6856)


1.   
On 4 November 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:






—


Meyer Werft Beteiligungs GmbH (Germany), controlled by the German Federal Ministry for Economic Affairs and Climate Action (‘BMWK’, Germany),










—


Hannoversche Beteiligungsgesellschaft Niedersachsen mbH (Germany), controlled by the Ministry of Finance of the State of Lower Saxony (‘MoF NDS’, Germany), and










—


Meyer Werft GmbH (‘Meyer Germany’, or the ‘Target’, Germany).




BMKW and MoF NDS will acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of the whole of Meyer Germany.
The concentration is accomplished by way of purchase of shares.


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






—


BMWK holds majority shareholdings in multiple private companies and currently has no commercial activities in relation to ship construction,










—


MoF NDS holds majority shareholdings in multiple private companies and currently has no commercial activities in relation to ship construction,










—


Meyer Germany is mainly active in the construction and sale of cruise ships –for both river and sea/ocean cruises – of all sizes up to 185 000 gross tonnage.






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.11733 – BMWK / MOF NDS / MEYER GERMANY
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/2024/6856/oj
ISSN 1977-091X (electronic edition)