CELEX: 32019M9326
Language: en
Date: 2019-05-07 00:00:00
Title: Commission Decision of 07/05/2019 declaring a concentration to be compatible with the common market (Case No COMP/M.9326 - Saudi Aramco Retail Company / Total Marketing Services SA / Tasheelat Marketing Company / Sahl Transportation Company) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

EUROPEAN COMMISSION
                                                                Brussels, 7.5.2019
                                                                C(2019) 3626 final
                                                                                      PUBLIC VERSION
                                                                To the notifying parties
Subject:        Case M.9326 – Saudi Aramco / Total Marketing / Sahel
                Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC)
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                No 139/2004 and Article 57 of the Agreement on the European Economic Area
Dear Sir or Madam,
1.      On 5 April 2019, the European Commission received notification of a proposed
        concentration pursuant to Article 4 of the Merger Regulation by which Saudi Aramco
        Retail Company (‘SARC’, Saudi Arabia) and Total Marketing Services S.A. (‘Total MS’,
        France) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint
        control of the whole of Sahl Transportation Company (‘STC’, Saudi Arabia) and Tasheelat
        Marketing Company (‘TMC’, Saudi Arabia) (TMC and STC together are referred to as
        ‘Sahel’).3
        The concentration is accomplished by way of purchase of shares.
2.      The business activities of the undertakings concerned are:
        -    for SARC: a wholly owned subsidiary of Saudi Arabian Oil Company (‘Saudi
             Aramco’, Saudi Arabia) which is responsible for owning and managing Saudi
             Aramco’s fuel retailing business in Saudi Arabia. Saudi Aramco is engaged in the
             production and marketing of refined products.
        -    for Total MS: a wholly owned subsidiary of Total S.A. (‘Total’). Total MS is active in
             the distribution of refined petroleum products, including fuels. Total is an international
             integrated energy producer.
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 136, 12.04.2019, p. 29.
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 Sahel: TMC operates a retail service station network across Saudi Arabia under the
       Sahel brand. It also provides, through two subsidiaries, a variety of goods and services,
       such as snacks and beverages, confectionary, fast food and car accessories. STC
       provides fuel transportation services to Sahel service stations.
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) 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)
                                                    Johannes LAITENBERGER
                                                    Director-General
4  OJ C 366, 14.12.2013, p. 5.
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