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: 04/05/2023

In electronic form on the EUR-Lex website under document number 32023M11006

EUROPEAN COMMISSION

Brussels, 4.5.2023 C(2023) 3111 final

PUBLIC VERSION

Ocean Network Express Pte. Ltd. 7 Straits View, #16-01 Marina One East Tower 018936 Singapore Singapore

MIP ΠΙ (ECI) AIV, L.P. th 125 West 55 Street, Level 15 10019 New York United States of America

Dear Sir or Madam,

1.1. On 3 April 2023, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation, by which the undertakings Ocean Network Express Pte. Ltd (‘ONE’, Singapore) and MIP III (ECI) AIV, L.P. (‘Macquarie’, USA), 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 Yusen Terminal LLC (‘YTI’, USA) by way of purchase of shares.

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

-− ONE is currently controlled by Ocean Network Express Holdings Ltd. (Japan), a joint venture between Nippon Yusen Kabushiki Kaisha (‘NYK Group’, Japan), Mitsui O.S.K Lines (Japan) and Kawasaki Kisen Kaisha (Japan) and it operates a global container liner shipping business;

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.

2OJ L 1, 3.1.1994, p. 3 (the ‘EEA Agreement’).

3Publication in the Official Journal of the European Union No C 141, 24.4.2023, p. 5.

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

-− Macquarie is a Delaware-domiciled alternative investment vehicle of a fund ultimately controlled by Macquarie Group Limited (Australia), a global provider of assets management services;

-− YTI is a company controlled by Macquarie and NYK Group, providing marine container terminal stevedoring services at terminals in Los Angeles (USA).

4.3. 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. 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

4OJ C 366, 14.12.2013, p. 5.

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