CELEX: 32020M9712
Language: en
Date: 2020-02-14 00:00:00
Title: Commission Decision of 14/02/2020 declaring a concentration to be compatible with the common market (Case No COMP/M.9712 - MITSUBISHI / WALLENIUS WILHELMSEN / JV) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

EUROPEAN COMMISSION
                                                                Brussels, 14.02.2020
                                                                C(2020) 970 final
                                                                                 PUBLIC VERSION
                                                                To the notifying parties
Subject:        Case M.9712 – MITSUBISHI / WALLENIUS WILHELMSEN / 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 21 January 2020, the European Commission received notification of a proposed
        concentration pursuant to Article 4 of the Merger Regulation by which Mitsubishi
        Corporation (“MC”, Japan) and Wallenius Wilhelmsen Inland Services Holding AS
        (“WWS”, Norway), belonging to Wallenius Wilhelmsen ASA (Norway) acquire
        within the meaning of Article 3(1)(b) of the Merger Regulation joint control of a joint
        venture (“JV”) incorporated in Thailand 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 MC: develops and operates business across several industries including
                 environmental and infrastructure business, industrial finance, energy, metals,
                 machinery, chemicals and foods,
              for WWS: provides logistics solutions to manufacturers of cars, trucks and
                 heavy equipment. WWS belongs to Wallenius Wilhelmsen, which is a
                 provider of shipping and vehicle logistics, managing the distribution of cars,
                 trucks, rolling equipment and breakbulk to customers all over the world.
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 29, 28.01.2020, p. 14.
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(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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