CELEX: 32021M10261
Language: en
Date: 2021-09-01 00:00:00
Title: Commission Decision of 01/09/2021 declaring a concentration to be compatible with the common market (Case No COMP/M.10261 - USTC / CM BIOMASS PARTNERS) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

EUROPEAN COMMISSION
                                                                Brussels, 01.09.2021
                                                                C(2021) 6561 final
                                                                                 PUBLIC VERSION
                                                                A/S United Shipping
                                                                & Trading Company
                                                                Turbinevej 10
                                                                5500 Middelfart
                                                                Denmark
                                                                CM Holding A/S
                                                                Pakhus 48, Klubiensvej 22
                                                                2150 Nordhavn
                                                                Denmark
Subject:        Case M.10261 — USTC/CM Biomass Partners
                 Commission decision pursuant to Article 6(1)(b) of Council Regulation
                                        1
                 (EC) No 139/2004 and Article 57 of the Agreement on the European
                                    2
                 Economic Area
Dear Sir or Madam,
1.      On l0 August 2021, the European Commission received notification of a proposed
        concentration pursuant to Article 4 of the Merger Regulation, by which A/S United
        Shipping & Trading Company (“USTC”, Denmark) and CM Holding A/S (“CM”,
        Denmark) intend to acquire within the meaning of Article 3(1)(b) and 3(4) of the
        Merger Regulation joint control over CM Biomass Partners A/S (“CM Biomass
        Partners”, Denmark) by way of purchase of shares.3
2.      The business activities of the undertakings concerned are:
        −      for USTC: active in global risk management, terminal and stevedoring services,
              freight forwarding, bunker, oil and chemical tankers, and IT,
        −      for CM: active within brokerage, shipping, logistics, terminals, and
              superintendence. CM is the majority shareholder of CM Biomass Partners,
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 (the ‘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 330, 17.8.2021, p. 7.
Commission européenne, DG COMP MERGER REGISTRY, 1049 Bruxelles, BELGIQUE
Europese Commissie, DG COMP MERGER REGISTRY, 1049 Brussel, BELGIË
Tel: +32 229-91111. Fax: +32 229-64301. E-mail: COMP-MERGER-REGISTRY@ec.europa.eu.
 ---pagebreak---    −    for CM Biomass Partners: supply of physical wood pellets and other biomass
       products, mainly supplied to European utilities and distributors.
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(c) of the Commission Notice on a simplified procedure for treatment of
   certain concentrations under Council Regulation (EC) No 139/2004. 4
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)
                                                  Olivier GUERSENT
                                                  Director-General
4  OJ C 366, 14.12.2013, p. 5.
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