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REGULATION (EC) No 139/2004 MERGER PROCEDURE

Article 6(1)(b) NON-OPPOSITION Date: 25/06/2012

In electronic form on the EUR-Lex website under document number 32012M6571

Office for Publications of the European Union L-2985 Luxembourg

EUROPEAN COMMISSION

Brussels, 25/06/2012 C(2012)4417

PUBLIC VERSION

SIMPLIFIED MERGER PROCEDURE

To the notifying parties:

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

1.On 29/05/2012, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by which which Vitol B.V. ("Vitol", the Netherlands) and Grindrod Limited ("Grindrod", South Africa) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of Cockett Marine Oil Pte Ltd (Singapore) and Cockett Marine Oil South Africa (Pty) Ltd (South Africa) (together "the Cockett Group") by way of a purchase of shares in a newly created company constituting a joint venture

The business activities of the undertakings concerned are:

-- for Vitol: active in the physical trading of energy commodities relating in particular to the oil and gas sector.

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.

2Publication in the Official Journal of the European Union No C 158, 05/06/2012, p.27

Commission européenne, 1049 Bruxelles, BELGIQUE / Europese Commissie, 1049 Brussel - BELGIË. Telephone: (32-2) 299 11 11.

-- for Grindrod: active in the movement of cargo by road, rail, sea and air through integrated logistics services utilising specialised assets and infrastructure.

-- for the Cockett Group: active in reselling marine fuels, also known as bunker trading.

3After 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.

4For 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

3OJ C 56, 5.3.2005, p. 32.

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