CELEX: 32018M9065
Language: en
Date: 2018-09-07 00:00:00
Title: Commission Decision of 07/09/2018 declaring a concentration to be compatible with the common market (Case No COMP/M.9065 - Akastor / Mitsui & Co. / Mitsui O.S.K. Lines) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

EUROPEAN COMMISSION
                     
                  
               
               Brussels, 07.09.2018
            
            
               C(2018) 5953 final
            
            
            
               To the notifying parties
            
            
                     
                     
                  
               
               Subject:Case M.9065 – AKASTOR/MITSUI & CO/MITSUI OSK LINES/AKOFS OFFSHORE
                  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
                
            
            
               Dear Sir or Madam,
            
            
               1.On 16 August 2018, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by which the undertakings Akastor AS ("Akastor", Norway) controlled by Aker ASA ("Aker") and ultimately controlled by The Resource Group TRG AS, Mitsui & Co., Ltd. ("Mitsui", Japan) and Mitsui O.S.K. Lines, Ltd. ("MOL", Japan) acquire within the meaning of Article 3(1)(b) and Article 3(4) of the Merger Regulation joint control over AKOFS Offshore 1 AS ("AKOFS", Norway) by way of purchase of shares.
                  3
               
            
            
               2.The business activities of the undertakings concerned are:
            
            
               -Akastor is a Norwegian public limited investment company with a portfolio of companies mainly in the oilfield services sector; 
            
            
               -Mitsui is a Japanese trading company group engaged in a range of global business activities including worldwide trading of various commodities, financial services, and project and company management, inter alia within the offshore oil and gas industry;
            
            
               -MOL is a Japanese multi-modal transport group specialising in a number of categories of global ocean shipping and related markets;
            
            
               -AKOFS provides vessel-based installation and construction and well intervention services for subsea oil and gas developments.
            
            
               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(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)
               Johannes LAITENBERGER
                  Director-General
            
            
         
         
            
                  
                     (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 297, 23.8.2018, p. 4.
               
               
                  
                     (4)
                  
                  
                      
                           OJ C 366, 14.12.2013, p. 5.