CELEX: 32014M7192
Language: en
Date: 2014-03-05 00:00:00
Title: Commission Decision of 05/03/2014 declaring a concentration to be compatible with the common market (Case No COMP/M.7192 - BROOKFIELD / MOL / ITI) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

|[pic]                             |EUROPEAN COMMISSION                                                                                      |
|                                  |                                                                                                         |
|                                  |                                                                                                         |
|                                  |                                                                                                         |
|                                  |                                                                                                         |

                                        Brussels, 5.3.2014
                                        C(2014) 1588 final

                                        |To the notifying parties:                                          |                                                                   |

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

Subject:    Case COMP/M.7192 – BROOKFIELD / MOL / ITI
         Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC) No 139/2004[1]

 1. On 7 February 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", USA), ultimately controlled by Brookfield Asset  Management
    Inc. (Canada) and Mitsui O.S.K. Lines, Ltd ("MOL", Japan) acquire within the meaning of  Article  3(1)(b)  of  the  Merger  Regulation  joint
    control of the undertaking International Transportation Inc. ("ITI", USA) by way of purchase of shares[2].

 2. The business activities of the undertakings concerned are:

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

      -     for MOL : provision of several shipping and terminal services worldwide.

      -     for ITI: provision of stevedoring and other port terminal services from the American ports      of Los Angeles and Oakland.

 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
-----------------------
[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 46, 18.02.2014, p. 11.
[3]   OJ C 366, 14.12.2013, p. 5.

-----------------------
                                                                  PUBLIC VERSION

                                                           SIMPLIFIED MERGER PROCEDURE