CELEX: 32014M7218
Language: en
Date: 2014-04-25 00:00:00
Title: Commission Decision of 25/04/2014 declaring a concentration to be compatible with the common market (Case No COMP/M.7218 - BROOKFIELD / APMTNA / APMT ELIZABETH) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

|[pic]                             |EUROPEAN COMMISSION                                                                                      |
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                                     Brussels, 25/04/2014
                                     C(2014) 2890 final

                                        |To the notifying parties:                                           |                                                                       |

Dear Madam(s) and/or Sir(s),

Subject:    Case M.7218 - BROOKFIELD / APMTNA / APMT ELIZABETH
         Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC) No 139/2004[1]

   1. On 27/03/2014, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation  by
      which the undertakings Brookfield Infrastructure Fund GP II LLC ("Brookfield", the United  States),  ultimately  controlled  by  Brookfield
      Asset Management Inc. (Canada), and APM Terminals North America Inc. ("APMTNA", the United States), ultimately controlled by  A.P.  Møller-
      Mærsk A/S (Denmark), acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of the undertaking APM  Terminals
      Elizabeth, LLC ("APMT Elizabeth", the United States) by way of purchase of shares.

   2. The business activities of the undertakings concerned are:

      -     for Brookfield: asset management with investments in property, renewable power, infrastructure and private equity;

      -     for APMTNA: operation of container terminals in North America, holding interests in nine terminals in the United States;

      -     for APMT Elizabeth: operation of a container terminal in the Elizabeth Container Terminal of the Port of New York[2].

 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(a) of the Commission Notice on a simplified procedure for treatment of  certain  concentrations  under  Council
    Regulation (EC) No 139/2004[3].

   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.

                                        For the Commission

                                                   (signed)
                                        Alexander ITALIANER
                                        Director General
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[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]   Publication in the Official Journal of the European Union No C 99, 04.04.2014, p. 36.
[3]   OJ C 366, 14.12.2013, p. 5.

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                                                                  PUBLIC VERSION

                                                           SIMPLIFIED MERGER PROCEDURE