CELEX: 32021M10117
Language: en
Date: 2021-02-05 00:00:00
Title: Commission Decision of 05/02/2021 declaring a concentration to be compatible with the common market (Case No COMP/M.10117 - A.P. MOLLER / APMH INVEST / FAERCH GROUP) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

EUROPEAN COMMISSION
                                                                Brussels, 05.02.2021
                                                                C(2021) 896 final
                                                                                 PUBLIC VERSION
                                                                APMH Invest A/S
                                                                Esplanaden 50
                                                                Copenhagen K, 1263
                                                                Denmark
Subject:        Case M.10117 – A.P. MOLLER / APMH INVEST / FAERCH GROUP
                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 14 January 2021, the European Commission received notification of a proposed
        concentration pursuant to Article 4 of the Merger Regulation by which APMH Invest
        A/S (Denmark), (‘APMHI’), a wholly-owned subsidiary of A.P. Møller Holding A/S
        (Denmark), (‘APMH’) acquires within the meaning of Article 3(1)(b) of the Merger
        Regulation sole control of the whole of Faerch Group A/S (Denmark), (‘Faerch’). The
        concentration is accomplished by way of purchase of shares. 3
2.      The business activities of the undertakings concerned are:
        −     for APMHI: fund management focussing on shipping, oil exploitation and land
              based industries. APMHI is solely controlled by APMH, the controlling
              shareholder of A.P. Møller-Maersk A/S group, an integrated transport and
              logistics company.
        −     for Faerch: manufacture and distribution of plastic packaging for the food
              industry, including different thermoformed plastic trays in all major plastic resins,
              mainly serving the European marketplace for ready meals, cold food and snacks
              and fresh meat.
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 24, 22.01.2021, p. 36–37.
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(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)
                                                  Olivier GUERSENT
                                                  Director-General
4  OJ C 366, 14.12.2013, p. 5.
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