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: 07/07/2023

In electronic form on the EUR-Lex website under document number 32023M11104

EUROPEAN COMMISSION

Brussels, 7.7.2023 C(2023) 4740 final

PUBLIC VERSION

Hutchison Ports Sokhna Limited Tomline House, The Dock Felixstowe IP11 3SY, Suffolk United Kingdom

CMA Terminals SAS Boulevard Jacques Saadé 4 quai d’Arenc 13235 Marseille France

Golden Chance Investment Enterprise Limited 49/F, COSCO Tower 183 Queen’s Road Central, 999077 Hong Kong

Dear Sir or Madam,

1.1. On 15 June 2023, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation, by which Hutchison Ports Sokhna Limited (‘HPSL’, United Kingdom), controlled by CK Hutchison Holdings Limited (‘CKHH’, Cayman Islands), Golden Chance Investment Enterprise Limited (‘Golden Chance’, Hong Kong), controlled by China COSCO Shipping Corporation Limited (‘COSCO’, Hong Kong), and CMA Terminals SAS (‘CMAT’, France), controlled by CMA CGM S.A. (‘CMA CGM’, France) will acquire within the meaning of Articles 3(1)(b) and 3(4) of the Merger Regulation joint control over

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.

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

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

the whole of a newly created company (‘Target JV’, United Kingdom) by way of purchase of shares.

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

− HPSL is an operating division of CKHH, a leading global developer and operator of container terminals and provider of associated logistical services. CKHH has four core businesses: ports and related services, retail, infrastructure, and telecommunications,

− Golden Chance is a subsidiary of COSCO active as ports operator. COSCO’s activities include cargo shipping, logistics, ship building and repairing, ship management services, marine engineering, terminal operations, and related financial and IT services,

− CMAT is a subsidiary of CMA CGM, which offers a range of services related to sea transportation, including container liner shipping and port terminal services. CMA CGM is also active within freight forwarding and contract logistics services through its wholly owned subsidiary CEVA Logistics and provides, through its wholly owned subsidiary CMA CGM Inland Services (CCIS), a limited range of ancillary supply chain management services. Finally, CMA CGM also recently launched CMA CGM Air Cargo and started providing air freight transportation services.

3. Target JV will construct, develop and operate a container terminal in the Ain Sokhna port in Egypt.

4. 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.

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

Publication in the Official Journal of the European Union No C 220, 22.6.2023, p.29.

OJ C 366, 14.12.2013, p. 5.

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