CELEX: 32019M9310
Language: en
Date: 2019-04-26 00:00:00
Title: Commission Decision of 26/04/2019 declaring a concentration to be compatible with the common market (Case No COMP/M.9310 - IFM Investors Pty Ltd / Polski Fundusz Rozwoju S.A. / PSA Baltics / DCT Gdansk SA) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

EUROPEAN COMMISSION
                                                                Brussels, 26.4.2019
                                                                C(2019) 3313 final
                                                                          PUBLIC VERSION
                                                                To the notifying parties:
Subject:        Case M.9310 – PFR/IFM/PSA/DCT
                Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC)
                                1                                                                             2
                No 139/2004 and Article 57 of the Agreement on the European Economic Area
Dear Sir or Madam,
1.      On 1 April 2019, the European Commission received notification of a proposed
        concentration pursuant to Article 4 of the Merger Regulation by which Polski Fundusz
        Rozwoju S.A. (“PFR”, Poland), IFM Investors Pty Ltd (“IFM Investors”, Australia) and
        PSA Baltics NV (“PSA Baltics”, Belgium), a wholly owned indirect subsidiary of PSA
        International Pte Ltd (“PSA”, Singapore) acquire within the meaning of Article 3(1)(b) of
        the Merger Regulation joint control of the whole of Gdansk Port Holdings S.à.r.l. (“GPHS,
        Luxembourg) by way of purchase of shares.3
2.      The business activities of the undertakings concerned are:
          —        for PFR: parent company of a group of financial and advisory institutions
                   supporting companies, local governments and individuals investing in the
                   sustainable social and economic development of Poland;
          —        for IFM Investors: a global investment manager of infrastructure, listed equities,
                   private capital and debt investments;
          —        for PSA Baltics: a wholly owned indirect subsidiary of PSA, a global operator of
                   shipping terminals, mainly active in the provision of stevedoring services at ports
                   with a particular focus on providing terminal services for container liner ships;
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 126, 5.04.2019, p. 9.
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---      —       for GPHS: holding company of DCT Gdańsk S.A. (Poland), which operates two
             deep-sea container quays located in the Port of Gdansk, Poland.
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 139/2004.4
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)
                                                    Johannes LAITENBERGER
                                                    Director-General
4  OJ C 366, 14.12.2013, p. 5.
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