CELEX: 32016M7853
Language: en
Date: 2016-04-12 00:00:00
Title: Commission Decision of 12/04/2016 declaring a concentration to be compatible with the common market (Case No COMP/M.7853 - CMA CGM / BOLLORE / KRIBI JV) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

|[pic]                             |EUROPEAN COMMISSION                                                                                      |

                                        Brussels, 12.4.2016
                                        C(2016) 2218 final

                                        [pic]

|To the notifying parties:                                              |                                                                       |

Dear Sirs,

Subject:    Case M.7853 – CMA CGM / BOLLORE / KRIBI JV
         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 14 March 2016, the European Commission received notification of a proposed concentration pursuant to Article 4 of the  Merger  Regulation
    by which CMA CGM S.A. (France) and Bolloré S.A. (France) acquire within the meaning of Article 3(1)(b) and 3(4)  of  the  Merger  Regulation
    joint control of a new container terminal in the Port of Kribi, Cameroon,  by  way  of  purchase  of  shares  in  a  newly  created  company
    constituting a joint venture (‘Kribi JV’).

 2. The business activities of the undertakings concerned are:

      – for CMA CGM: CMA CGM is active in containerised liner shipping and port terminal  management.  CMA  CGM  is  the  world’s  third  largest
        container shipping company and offers a complete range of activities including shipping, reefer transport (i.e. transport of refrigerated
        goods), handling facilities in ports, as well as freight transport and logistics on land,

      – for Bolloré: Bolloré is an investment and holding group active in the transportation  and  logistics  services,  manufacture  of  plastic
        films, ticket machine terminals, batteries and electric vehicles, fuel distribution, communication and media  including  advertising  and
        plantations,

      – for Kribi JV: Kribi JV will be active in the development and operation of a  new  container  terminal  at  the  deep-sea  port  of  Kribi
        (Cameroon).[3]

 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

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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 105, 19.03.2016, p. 11.

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

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                                                                  PUBLIC VERSION

                                                           SIMPLIFIED MERGER PROCEDURE