CELEX: 32020M9789
Language: en
Date: 2020-03-18 00:00:00
Title: Commission Decision of 18/03/2020 declaring a concentration to be compatible with the common market (Case No COMP/M.9789 - CMA CGM / CMP / TERMINAL LINK) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

EUROPEAN COMMISSION
                                                                Brussels, 18.03.2020
                                                                C(2020) 1832 final
                                                                                 PUBLIC VERSION
                                                                To the notifying parties
Subject:        Case M.9789 – CMA CGM / CMP / TERMINAL LINK
                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 25 February 2020, the European Commission received notification of a proposed
        concentration pursuant to Article 4 of the Merger Regulation by which the
        undertakings CMA CGM S.A. (“CMA CGM”, France) and China Merchants Port
        Holdings Company Limited (“CMP”, Hong Kong SAR), acquire within the meaning
        of Article 3(1)(b) and 3(4) of the Merger Regulation joint control over the whole of
        the undertakings CMA CGM Port Terminals (France) and Terminal Link Holding Pte.
        Ltd (Singapore) (together the “Terminal assets”) to be contributed to Terminal Link
        S.A.S. (France), which is a pre-existing joint-venture jointly controlled by CMA CGM
        and CMP. The concentration is accomplished by way of purchase of shares.3
2.      The business activities of the undertakings concerned are:
             for CMA CGM: a global player active in container liner shipping, port terminal
              services, freight forwarding and contract logistics services worldwide,
             for CMP: a global port developer, investor and operator, operating container
              terminals located mainly in China, as well as South Asia, Africa, the Americas,
              Oceania and Europe,
             for the Terminal assets: shareholdings in various terminals located in China,
              Vietnam, Thailand, Singapore, Jamaica, Ukraine, Iraq, India and the Netherlands.
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 72, 05.03.2020, 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--- 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 139/2004.4
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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