CELEX: 32020M9740
Language: en
Date: 2020-03-06 00:00:00
Title: Commission Decision of 06/03/2020 declaring a concentration to be compatible with the common market (Case No COMP/M.9740 - ISQ / RUBIS / RUBIS TERMINAL) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

EUROPEAN COMMISSION
                                                                Brussels, 06.03.2020
                                                                C(2020) 1554 final
                                                                                 PUBLIC VERSION
                                                                To the notifying parties
Subject:        Case M.9740 – ISQ / RUBIS / RUBIS TERMINAL
                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 12 February 2020, the European Commission received notification of a proposed
        concentration pursuant to Article 4 of the Merger Regulation by which I Squared
        Capital Advisors LLC (‘ISQ’, United States) and Rubis SCA (‘Rubis’, France)
        acquire within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint
        control over the whole of Rubis Terminal S.A. (‘Rubis Terminal’, France), by way of
        purchase of shares.3
2.      The business activities of the undertakings concerned are:
             for ISQ: investment company focusing on sectors such as energy, utilities,
              telecommunication and transport at a global level.
             for Rubis: company specialised in the distribution of petroleum products and
              storage of liquid products (including petroleum products, chemicals, agricultural
              products and fertilizers) at a global level.
              for Rubis Terminal: business division of Rubis that mainly operates bulk
                 storage terminals in Belgium, France, the Netherlands and Turkey.
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
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 56, 19.02.2020, p. 10.
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---    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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