CELEX: 32022M10540
Language: en
Date: 2022-02-04 00:00:00
Title: Commission Decision of 04/02/2022 declaring a concentration to be compatible with the common market (Case No COMP/M.10540 - ECDC / HPIL / JV) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

EUROPEAN COMMISSION
                                                                Brussels, 4.2.2022
                                                                C(2022) 796 final
                                                                                 PUBLIC VERSION
                                                                Energy City Development Company
                                                                P.O. Box 5000
                                                                Dhahran 31311
                                                                Saudi Arabia
                                                                Hutchinson Port Investments Company
                                                                George Town, Grand Cayman
                                                                Ugland House, P.O. Box 309
                                                                KY 1104 Cayman Islands
Subject:        Case M.10540 – ECDC / HPIL / 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 12 January 2022, the European Commission received notification of a proposed
        concentration pursuant to Article 4 of the Merger Regulation by which Energy City
        Development Company (“ECDC”, Saudi Arabia), a wholly-owned subsidiary of Saudi
        Arabian Oil Company (“Saudi Aramco”, Saudi Arabia) and Hutchison Port
        Investments Limited (“HPIL”, Cayman Islands) belonging to CK Hutchison Holdings
        Limited (“CKHH”, Hong-Kong) acquire within the meaning of Article 3(1)(b)
        and 3(4) of the Merger Regulation joint control of Energy City Logistics
        Company LLC (the “Joint Venture”, Saudi Arabia) by way of purchase of shares in a
        newly created company constituting a joint venture.3
2.      The business activities of the undertakings concerned are:
        −     for ECDC: owner and developer of the King Salman Energy Park (SPARK), an
              in-development industrial area in the Kingdom of Saudi Arabia,
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 31, 21.1.2022, p. 10.
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 HPIL: a global developer and operator of container terminals and provider of
        associated logistical services,
   −    for Joint Venture: it will be established and be active in the Kingdom of Saudi
        Arabia. It will develop, market and operate the dry port and related logistics zone
        in SPARK.
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)
                                                   Olivier GUERSENT
                                                   Director-General
4  OJ C 366, 14.12.2013, p. 5.
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