CELEX: 32020M9836
Language: en
Date: 2020-06-09 00:00:00
Title: Commission Decision of 09/06/2020 declaring a concentration to be compatible with the common market (Case No COMP/M.9836 - BUNKER HOLDING / OCEANCONNECT MARINE) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

EUROPEAN COMMISSION
                                                                Brussels, 9.6.2020
                                                                C(2020) 3971 final
                                                                                 PUBLIC VERSION
                                                                To the notifying party
Subject:        Case M.9836 — Bunker Holding/OceanConnect Marine
                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 13 May 2020, the European Commission received notification of a proposed
        concentration pursuant to Article 4 of the Merger Regulation by which the
        undertaking Bunker Holding A/S, (“Bunker Holding”, Denmark), part of A/S United
        Shipping & Trading Company ultimately owned by the Danish citizen Mr. Torben
        Østergaard-Nielsen, acquires within the meaning of Article 3(1)(b) of the Merger
        Regulation sole control over the whole of the undertakings OceanConnect Marine HK
        Ltd, OceanConnect Marine DMCC, OceanConnect Marine GmbH, and OceanConnect
        Marine Services LLC (the “Target Companies”), and the assets related to the
        OceanConnect Marine business in Korea, Singapore, Greece, UK, and USA (together
        “OCM”, Singapore), controlled by Glencore plc. (“Glencore”) by way of purchase of
        shares and assets.3
2.      The business activities of the undertakings concerned are:
             Bunker Holding: purchasing, selling, and supplying marine fuel oil, marine gas
              oil, and lube oil as well as risk management and associated services,
             OCM: trading and brokering of marine fuels, and operating the online bunker
              purchase platform, AuctionConnect.
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
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 176, 26.5.2020, p. 7.
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---    paragraph 5(c) and 6 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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