EUROPEAN COMMISSION

DG Competition

Only the English text is available and authentic.

REGULATION (EC) No 139/2004

MERGER PROCEDURE

Article 6(1)(b) NON-OPPOSITION

Date: 26/05/2023

In electronic form on the EUR-Lex website under document number 32023M11059

EUROPEAN COMMISSION

Brussels, 26.5.2023 C(2023) 3569 final

PUBLIC VERSION

Toyofuji Shipping Co., Ltd. DP Square Higashisakura 7F 1-14-11 Higashisakura 461- 0005 Higashi-ku, Nagoya city, Aichi Japan

Toyota Tsusho Corporation Tokyo Head Office 2-3-13, Konan 108-8208 Minato-ku, Tokyo Japan

Nippon Yusen Kabushiki Kaisha 3-2, Marunouchi 2 Chome 100-0005 Chiyoda-Ku, Tokyo Japan

Kamigumi Co., Ltd. 3-7-9, Shibaura 108-0023 Minato-ku, Tokyo Japan

Dear Sir or Madam,

1.1. On 27 April 2023, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation, by which Toyofuji Shipping Co., Ltd (Japan), controlled by Toyota Motor Corporation, Toyota Tsusho

1OJ 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.

2OJ L 1, 3.1.1994, p. 3 (the ‘EEA Agreement’).

Commission européenne/Europese Commissie, 1049 Bruxelles/Brussel, BELGIQUE/BELGIË - Tel. +32 22991111

2.Corporation (Japan), Nippon Yusen Kabushiki Kaisha (Japan) and Kamigumi Co., Ltd. (Japan) will acquire within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control of the whole of PT. Patimban International Car Terminal. The concentration is accomplished by way of purchase of shares.

2. The business activities of the undertakings concerned are the following:

-− Toyofuji Shipping Co., Ltd, a controlled subsidiary of Toyota Motor Corporation, is a marine transport company based in Tokai city, Aichi, Japan. It is a roll-on/roll-off shipping company with activities in Asia, North America, Oceania and Europe,

-− Toyota Tsusho Corporation (Japan) is active on a global basis in importing and exporting on behalf of the Toyota Group. TTC is the ultimate parent company of the TTC group, and no single shareholder exercises control over the TTC group. It is headquartered in Tokyo and Nagoya, Japan. PT. Patimban International Car Terminal is currently a controlled subsidiary of Toyota Tsusho Corporation. It is exclusively active in Indonesia where it operates and manages the automobile terminal operation business at the Patimban New International Port in Subang Regency, West Java, Indonesia. PT. Patimban International Car Terminal has been operating such terminal since 17 December 2021 and has no other activities in the Indonesian market,

-− Nippon Yusen Kabushiki Kaisha is a worldwide active Japanese shipping company. The company headquarters are located in Chiyoda, Tokyo, Japan. Through its subsidiaries and affiliated companies, Nippon Yusen Kabushiki Kaisha operates a fleet of container ships, bulk and woodchip carriers, roll-on/roll-off car carriers, LNG carriers, and cruise ships,

-− Kamigumi Co., Ltd. provides logistics and transportation services, such as harbor transportation, freight transportation, domestic transportation and international transportation services. It also provides onsite factory services such as loading and unloading of raw materials, materials control, warehouse cargo loading, and heavy cargo transportation. The company is active in Thailand, Malaysia, China, Taiwan, Vietnam, Bangladesh, Singapore, Indonesia, Myanmar, Cambodia, Spain, the United States, and Mexico. It is head quartered in Chuo-ku, Kobe, Japan.

3.3. 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.

3Publication in the Official Journal of the European Union No C 163, 8.5.2023, p. 19.

4OJ C 366, 14.12.2013, p. 5.

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

Commission européenne/Europese Commissie, 1049 Bruxelles/Brussel, BELGIQUE/BELGIË - Tel. +32 22991111

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