CELEX: 32020M9594
Language: en
Date: 2020-01-30 00:00:00
Title: Commission Decision of 30/01/2020 declaring a concentration to be compatible with the common market (Case No COMP/M.9594 - CMA CGM / CIMC NEOCONTAINER / JV) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

EUROPEAN COMMISSION
                                                                Brussels, 30.01.2020
                                                                C(2020) 615 final
                                                                                 PUBLIC VERSION
                                                                To the notifying parties
Subject:        Case M.9594 - CMA CGM / CIMC NEOCONTAINER / JV
                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 7 January 2020, the European Commission received notification of a proposed
        concentration pursuant to Article 4 of the Merger Regulation by which CMA CGM
        S.A. (“CMA CGM”, France) and China International Marine Containers Neocontainer
        Logistics Limited (“CIMC Neocontainer”, China) acquire(s) within the meaning of
        Article 3(1)(b) and 3(4) of the Merger Regulation joint control of the newly created
        joint venture (the "JV”) by way of purchase of shares.3
2.      The business activities of the undertakings concerned are:
              for CMA CGM: a player in container liner shipping activities and port terminal
                 services. CMA CGM is also active, through its wholly owned subsidiary
                 CEVA Logistics, on the market for freight forwarding and contract logistics
                 services, and provides a limited range of ancillary supply chain management
                 services through its wholly owned subsidiary CMA CGM Inland Services;
              for CIMC Neocontainer: a logistics company owned by CIMC Group, a
                 comprehensive logistics service provider for logistics services and equipment
                 operation services;
              for the JV: provision of services in container storage management, container
                 handling and container repair, exclusively in Tianjin port in China.
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 13, 15.01.2020, p. 21.
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--- 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)
                                                  Olivier GUERSENT
                                                  Director-General
4  OJ C 366, 14.12.2013, p. 5.
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