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: 02/02/2023

In electronic form on the EUR-Lex website under document number 32023M11001

EUROPEAN COMMISSION

Brussels, 2.2.2023 C(2023) 894 final

PUBLIC VERSION

Skipjack Terminal Holdings, L.P. 125 West 55th Street, Level 15 NY 10019 New York United States of America

Mitsui O.S.K. Lines, Ltd. 1-1 Toranomon 2-chome Minato-ku 105-8688 Tokyo Japan

1(EC) No 139/2004and Article 57 of the Agreement on the European Economic Area

Dear Sir or Madam,

2.1. On 11 January 2023, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation, by which the undertakings Skipjack Terminal Holdings, L.P. (‘Skipjack’, USA), controlled by Macquarie Group Limited (‘Macquaire’, Australia) and Mitsui O.S.K. Lines, Ltd. (‘MOL’, Japan), will acquire within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control over the whole of the undertaking International Transportation Inc. (‘ITI’, United States), currently controlled by MOL, by way of purchase of shares.

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

−− Skipjack is a special purpose vehicle managed by Macquaire, a global provider of assets management services;

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 18, 19.1.2023, p. 14.

Commission européenne, DG COMP MERGER REGISTRY, 1049 Bruxelles, BELGIQUE Europese Commissie, DG COMP MERGER REGISTRY, 1049 Brussel, BELGIË

Tel: +32 229-91111. Fax: +32 229-64301. E-mail: COMP-MERGER-REGISTRY@ec.europa.eu.

−− MOL is active in the provision of marine transportation, warehousing and cargo handling services and other activities;

−− ITI is the holding company of TraPac LLC (‘TraPac’, United States). TraPac operates marine container terminal stevedoring services at terminals in Los Angeles and Oakland (California).

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.

4.4. 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) Olivier GUERSENT Director-General

4 OJ C 366, 14.12.2013, p. 5.

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