CELEX: 32018M8695
Language: en
Date: 2018-02-06 00:00:00
Title: Commission Decision of 06/02/2018 declaring a concentration to be compatible with the common market (Case No COMP/M.8695 - PSA / TIL / PPIT) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

EUROPEAN COMMISSION
                     
                  
               
               Brussels, 6.2.2018 
            
            
               C(2018) 830 final
            
            
               
                  PUBLIC VERSION
               
            
            
               
            
            
               To the notifying parties
            
            
            
               Subject:Case M.8695 - PSA / TIL / PPIT
                  Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC) No 139/2004
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                and Article 57 of the Agreement on the European Economic Area
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               Dear Sir or Madam,
            
            
               1.On 12 January 2018, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by which the undertakings PSA International Pte. Ltd. (Singapore) and Terminal Investment Limited SARL (Switzerland), jointly controlled by MSC Mediterranean Shipping Company Holding S.A. (Switzerland), Global Infrastructure Management (United States) and Global Infrastructure Partners (United States) acquire within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control over the whole of the undertaking PSA Panama International Terminal S.A. (Panama), controlled by PSA  International Pte Ltd, by way of purchase of shares.
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               2.The business activities of the undertakings concerned are:
            
            
               —  for PSA International Pte Ltd: stevedoring services at ports, with a particular focus on terminal services for containerised liner ships,
            
            
               —   for Terminal Investment Limited SARL: investment, development and management of container terminals,
            
            
               —   PSA Panama International Terminal SA: operating a container terminal in the Port of Rodman, Panama.
            
            
               3.After examination of the notification, the European Commission has concluded that the notified operation falls within the scope of the Merger Regulation and of paragraph 5(a) and (c) of the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004.
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               4.For the reasons set out in the Notice on a simplified procedure, the European Commission has decided not to oppose the notified operation and to declare it compatible with the internal market and with the EEA Agreement. This decision is adopted in application of Article 6(1)(b) of the Merger Regulation and Article 57 of the EEA Agreement.
            
            
               For the Commission
            
            
               (Signed)
            
            
               Johannes LAITENBERGER
                  Director-General
            
            
               
         
         
            
                  
                     (1)
                  
                  
                        OJ L 24, 29.1.2004, p. 1 (the 'Merger Regulation'). With effect from 1 December 2009, the Treaty on the Functioning of the European Union ('TFEU') has introduced certain changes, such as the replacement of 'Community' by 'Union' and 'common market' by 'internal market'. The terminology of the TFEU will be used throughout this decision.
                  
               
               
                  
                     (2)
                   
                        OJ L 1, 3.1.1994, p. 3 (the 'EEA Agreement').
               
               
                  
                     (3)
                   
                        Publication in the Official Journal of the European Union No C 19, 19.01.2018, p. 20.
               
               
                  
                     (4)
                  
                  
                      
                           OJ C 366, 14.12.2013, p. 5.