CELEX: 32021M10321
Language: en
Date: 2021-07-28 00:00:00
Title: Commission Decision of 28/07/2021 declaring a concentration to be compatible with the common market (Case No COMP/M.10321 - DSV / AGILITY) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

EUROPEAN COMMISSION
                                                                 Brussels, 28.07.2021
                                                                 C(2021) 5773 final
                                                                                 PUBLIC VERSION
                                                                 DSV PANALPINA A/S
                                                                 Hovedgaden 630
                                                                 P.O. Box 210
                                                                 2640 Hedehusene
                                                                 Denmark
Subject:        Case M.10321 – DSV / AGILITY
                Commission decision pursuant to Article 6(1)(b) of Council Regulation
                (EC) No 139/20041 and Article 57 of the Agreement on the European
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                Economic Area
Dear Sir or Madam,
1.      On 28 June 2021, the European Commission received notification of a proposed
        concentration pursuant to Article 4 of the Merger Regulation whereby DSV Panalpina
        A/S (“DSV”, Denmark) acquires within the meaning of Article 3(1)(b) of the Merger
        Regulation sole control of the whole of Agility Logistics International B.V. (the
        Netherlands) and Agility International GIL Holdings I Limited (United Arab
        Emirates) (together referred to as “GIL”), belonging to the Agility Public
        Warehousing Company K.S.C.P (“Agility”, Kuwait), by way of purchase of shares.3
2.      The business activities of the undertakings concerned are:
             for DSV: supply chain solutions, including freight forwarding and contract
              logistics services. DSV’s services portfolio is organised into three lines of
              business: i) Air and Sea, ii) Road and iii) Solutions (logistics services including
              warehousing). DSV is active in Europe, the Americas, Asia-Pacific, the Middle-
              East and Africa;
             for GIL: logistics services including air, ocean and road freight forwarding
              services, contract logistics, with a focus on emerging markets. GIL is active in
              APAC, the Middle East and Africa, Europe and the Americas.
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 262, 5.7.2021, p. 22.
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(c) 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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