CELEX: 32017M8333
Language: en
Date: 2017-03-01 00:00:00
Title: Commission Decision of 01/03/2017 declaring a concentration to be compatible with the common market (Case No COMP/M.8333 - MITSUI GROUP / NS GROUP / ANGLIA RAIL HOLDINGS) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

EUROPEAN COMMISSION
                     
                  
               
               Brussels, 1.3.2017
            
            
               C(2017) 1549 final
            
            
               
            
               To the notifying parties: 
            
            
               Subject:Case M.8333 –  MITSUI GROUP / NS GROUP / ANGLIA RAIL HOLDINGS
                  Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC) No 139/2004
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                and Article 57 of the Agreement on the European Economic Area
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               Dear Sir or Madam,
            
            
               1.On 06 February 2017, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by which the undertakings Mitsui & Co., Ltd. ("Mitsui Tokyo", Japan) and  Abellio Transport Group Limited (“Abellio”, United Kingdom) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of the whole of Anglia Rail Holdings Limited (“Anglia”, United Kingdom), by way of purchase of shares.
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               2.The business activities of the undertakings concerned are:
            
            
               -Mitsui Tokyo it is a major Japanese trading house engaged in a number of worldwide commodity and other businesses, including the sale, distribution, purchase, marketing and supply of products in business areas such as: iron and steel; coal and non-ferrous metals; machinery; electronics; chemicals; energy-related commodities; logistics and investing in infrastructure projects. Mitsui Tokyo has global operations in 66 countries and in diverse markets. Mitsui Tokyo will acquire control over Anglia directly and indirectly via Mitsui & Co. Europe Plc, its wholly owned subsidiary. Mitsui Europe manages Mitsui Tokyo’s overall business activities in Europe, the Middle East and Africa.  Its principal activities include product sales, worldwide logistics and financing, development of major international infrastructure and other projects in the following fields: metals, machinery and infrastructure, chemicals, energy, lifestyle, innovation and corporate development.
            
            
               -Abellio  is wholly owned by Abellio Transport Holding B.V., the parent company of which is NS Group, which is a major rail operator in The Netherlands.  Abellio is established to tender for and commercially operate a number of passenger railway concessions or franchise contracts mainly outside of The Netherlands, including in the UK and Germany.
            
            
               -Anglia's wholly-owned subsidiary, Abellio East Anglia Limited, is the train operating company established to operate the East Anglia Franchise in the UK for the Abellio / NS Group.
            
            
               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.
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               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
               
         
         
            
                  
                     (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 47, 14.02.2017, p. 4.
               
               
                  
                     (4)
                  
                  
                      
                           OJ C 366, 14.12.2013, p. 5.