CELEX: 32015M7427
Language: en
Date: 2015-01-26 00:00:00
Title: Commission Decision of 26/01/2015 declaring a concentration to be compatible with the common market (Case No COMP/M.7427 - MACQUARIE / NIPPON YUSEN KAISHA / NYK PORTS) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

|[pic]                             |EUROPEAN COMMISSION                                                                                      |

                                        Brussels, 26.01.2015
                                        C(2015) 428 final

                                        [pic]

|To the notifying parties:                                              |                                                                       |
|                                                                       |                                                                       |

Dear Madam(s) and/or Sir(s),

Subject:    Case M.7427 – MACQUARIE/ NIPPON YUSEN KAISHA/ NYK PORTS
         Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC) No 139/2004[1] and Article 57 of the Agreement on the
         European Economic Area[2]

 1. On 19 December 2014, the European Commission received notification of  a  proposed  concentration  pursuant  to  Article  4  of  the  Merger
    Regulation by which Macquarie Infrastructure Partners III, L.P. ("MIP III",  United  States  of  America),  a  wholly  owned  subsidiary  of
    Macquarie Group (Australia), and NYK Group Americas Inc. ("NYK Group Americas", United States of America),  a  wholly  owned  subsidiary  of
    Nippon Yusen Kaisha (Japan), acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of NYK Ports  LLC  (United
    States of America) by way of purchase of shares.[3]

 2. The business activities of the undertakings concerned are:

  – MIP III is an investment fund focused on investments in infrastructure and related assets in the United States of America and Canada.

  – NYK Group Americas offers marine transportation and global logistics services in North America.

  – NYK Ports LCC, currently solely controlled by NYK Group Americas, operates marine terminals  and  provides  stevedoring  services  in  ports
    located in the United States of America and Canada.

 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  5  (b)  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)
                                        Alexander ITALIANER
                                        Director-General
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[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 4, 09.01.2015, p.15.

[4]   OJ C 366, 14.12.2013, p. 5.

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                                                                  PUBLIC VERSION

                                                           SIMPLIFIED MERGER PROCEDURE