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Case No COMP/M.5554 - HAVI/ KEYLUX/ STI FREIGHT JV

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REGULATION (EC) No 139/2004 MERGER PROCEDURE

Article 6(1)(b) NON-OPPOSITION Date: 16/03/2010

In electronic form on the EUR-Lex website under document number 32010M5554

Office for Publications of the European Union L-2985 Luxembourg

EUROPEAN COMMISSION

Brussels, 16.3.2010 SG-Greffe(2010) D/3219/3220 C(2010) 1869

PUBLIC VERSION

MERGER PROCEDURE ARTICLE 6(1)(b) DECISION

SIMPLIFIED PROCEDURE

To the notifying parties:

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

Subject: Case No COMP/M.5554 - HAVI/ KEYLUX/ STI FREIGHT JV Notification of 17/02/2010 pursuant to Article 4 of Council Regulation (EC) No 139/2004 Publication in the Official Journal of the European Union No C 47, 25/02/2010 p. 27

1.On 17 February 2010, the European Commission received a notification of a proposed concentration pursuant to Article 4 of the EC Merger Regulation by which the undertakings HAVI Global Logistics GmbH ("HAVI", Germany), belonging to HAVI Group LP (USA), and McKey Luxembourg S.à.r.l ("KeyLux", Luxembourg), belonging to Keystone Group (USA), acquire within the meaning of Article 3(1)(b) of the EC Merger Regulation joint control of the undertaking STI Freight Management GmbH ("STI Freight", Germany) by way of purchase of shares in a newly created company constituting a joint venture.

The business activities of the undertakings concerned are:

-for HAVI: food and non-food logistics and distribution, food processing, packaging and administrative services and promotional marketing,

-for KeyLux: freight forwarding, logistics and distribution in the food sector,

1OJ L 24, 29.1.2004, p. 1 (the "EC Merger Regulation").

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

-for STI Freight: taking over of the activities of the "STI Global Network" companies in the food/non-food freight forwarding sector.

2.After examination of the notification, the European Commission has concluded that the notified operation falls within the scope of the EC 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.

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 common market and with the EEA Agreement. This decision is adopted in application of Article 6(1)(b) of the EC Merger Regulation.

For the Commission (Signed) Alexander ITALIANER Director General

2OJ C 56, 05.3.2005, p. 32 ("Notice on a simplified procedure").

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