CELEX: 32011M6193
Language: en
Date: 2011-05-11 00:00:00
Title: Commission Decision of 11/05/2011 declaring a concentration to be compatible with the common market (Case No COMP/M.6193 - TNK OVERSEAS LTD / PVN GAS / CONOCOPHILLIPS / NCS PIPELINE) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

Important legal notice

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32011M6193

Commission Decision of 11/05/2011 declaring a concentration to be compatible with the common market (Case No COMP/M.6193 - TNK OVERSEAS LTD / PVN GAS / CONOCOPHILLIPS / NCS PIPELINE) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)  

          |EUROPEAN COMMISSION     |
            Brussels , 11.05.2011
             SG-Greffe(2011) D/7560/7561/7562
             C(2011)3404 final
             PUBLIC VERSION
             SIMPLIFIED MERGER PROCEDURE
             To the notifying parties
             Dear Madam(s) and/or Sir(s),
             Subject: Case No COMP/M.6193 - TNK OVERSEAS LTD/ PVN GAS/ CONOCOPHILLIPS/ NCS PIPELINE Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC) No 139/2004  [1] 
            1.  On 31.03.2011, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by which TNK Overseas Limited ("TNK", Cyprus), a wholly-owned subsidiary of TNK-BP (TNK-BP, Russian Federation), controlled by British Petroleum Group ("BP", UK) and Alfa, Access/Renova group ("AAR", Russian Federation), PetroVietnam Gas Corporation ("PVN", Vietnam) and ConocoPhillips Vietnam ("ConocoPhillips Vietnam", Vietnam), controlled by ConocoPhillips Company ("ConocoPhillips", USA), acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of Nam Con Son pipeline ("NCS Pipeline", Vietnam), an existing company constituting a joint venture, by way of purchase of shares.
              The business activities of the undertakings concerned are:
             - for TNK-BP: vertically integrated oil company;
             - for PVN:  exploration, production, storage, processing, transportation and distribution of oil and gas in Vietnam;
             - for ConocoPhillips:  worldwide exploration, production, refining and marketing of atural resources;
             - for NCS Pipeline:  transport and processing of natural gas in Vietnam [2]  .
            2.  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]  .  
            3.  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
            [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 114, 12.04.2011, p.14
            [3] OJ C 56, 5.3.2005, p. 32.