CELEX: 32014M7368
Language: en
Date: 2014-09-02 00:00:00
Title: Commission Decision of 02/09/2014 declaring a concentration to be compatible with the common market (Case No COMP/M.7368 - RIVERSTONE / CARLYLE / HESTYA / HES) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

|[pic]                             |EUROPEAN COMMISSION                                                                                      |
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                                        Brussels, 2.9.2014
                                        C(2014) 6301 final

                                        |To the notifying parties:                                                  |                                                                       |

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

Subject:    Case M.7368 - RIVERSTONE / CARLYLE / HESTYA / HES
         Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC) No 139/2004[1]

 1. On 30/07/2014, the European Commission received notification of a proposed concentration pursuant to Article 4 of the  Merger  Regulation  by
    which funds managed by affiliates of Riverstone Holdings LLC ("Riverstone", the United States of America) and funds managed by affiliates  of
    the Carlyle Group ("Carlyle", the United States of America) acquire within the meaning of Article 3(1)(b)  of  the  Merger  Regulation  joint
    control of H.E.S. Beheer N.V. ("HES", the Netherlands) via Hestya Energy B.V. ("Hestya", the Netherlands) by way of public bid  announced  on
    17 July 2014.

 2. The business activities of the undertakings concerned are:

      -     Riverstone is an energy and power focussed investment firm.

      -     Carlyle is a global alternative asset manager.

      -     Hestya is engaged in the development of European dry and liquid bulk terminals.

      -     HES is a holding company for operating companies providing logistical services in ports. Its core activity is stevedoring,  involving
           the loading and unloading of dry and liquid bulk products into and from seagoing vessels, coasters, lighters, trains and  trucks  and
           large-scale open-air and covered storage.[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(c) 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 258,08/08/2014, p. 34.
[3]   OJ C 366, 14.12.2013, p. 5.

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                                                                  PUBLIC VERSION

                                                           SIMPLIFIED MERGER PROCEDURE