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REGULATION (EC) No 139/2004 MERGER PROCEDURE

Article 6(1)(b) NON-OPPOSITION Date: 04/08/2011

In electronic form on the EUR-Lex website under document number 32011M6200

Office for Publications of the European Union L-2985 Luxembourg

EUROPEAN COMMISSION

Brussels, 04.08.2011 C(2011)5772

PUBLIC VERSION

SIMPLIFIED MERGER PROCEDURE

To the notifying parties:

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

1.On 05.07.2011 the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by which the undertakings A.P. Møller-Mærsk A/S ("APMM", Denmark) and Bolloré S.A. (France) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of the undertaking Douala International Terminal (Cameroon) by way of purchase of shares in a newly created company constituting a joint venture.

The business activities of the undertakings concerned are:

-- for APMM: containerised liner shipping; terminal services; inland transportation; logistics; harbour towage; tankers; oil and gas exploration and production; retail; air transport

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 206, 12.07.2011, p. 19.

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

- for Bolloré S.A.: transportation and logistic services; manufacture of plastic films, ticket machine terminals, batteries and electric vehicles; fuel distribution; communication and media including advertising; commercialisation of plantations

- Douala International Terminal: operation of the shipping container and roll-on/roll-off terminal in the Port of Douala, Cameroon.

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

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.

For the Commission

(signed) Alexander ITALIANER Director General

3OJ C 56, 5.3.2005, p. 32.

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