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Case No COMP/M.6019 - APMT/ BOLLORE/ MERIDIAN PORT SERVICES

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REGULATION (EC) No 139/2004 MERGER PROCEDURE

Article 6(1)(b) NON-OPPOSITION Date: 10/03/2011

In electronic form on the EUR-Lex website under document number 32011M6019

Office for Publications of the European Union L-2985 Luxembourg

EUROPEAN COMMISSION

Brussels, 10.3.2011 SG-Greffe(2011) D/3699; D/3700 C(2011) 1705 final

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.6019 – APMT/ BOLLORE/ MERIDIAN PORT SERVICES Notification of 08/02/2011 pursuant to Article 4 of Council Regulation (EC) No 139/2004 Publication in the Official Journal of the European Union No C 047, 15.02.2011, p. 11.

1.On 08/02/2011, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by which the undertakings APM Terminals B.V. ("APMT"), belonging to the A.P. Møller-Maersk A/S group ("APMM", Denmark) and Bolloré S.A. ("Bolloré", France) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of the undertaking Meridian Port Services Limited ("Meridian Port Services", Ghana) by way purchase of shares.

The business activities of the undertakings concerned are:

-- for APMM: development and operation of container terminals and related activities worldwide, containerised liner shipping, inland transportation and logistics, harbour towage, tankers, oil and gas exploration and production, retail and 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.

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

-- for Bolloré: transportation and logistic services worldwide, manufacture of plastic films, ticket machine terminals, batteries and electric vehicles, fuel distribution in Europe, communication and media, advertising and the commercialisation of plantations in Cameroon, the United States and France,

-- for Meridian Port Services: development, management and operation of the container terminal at the Tema Port in Ghana, as well as associated services.

2.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

2OJ C 56, 5.3.2005, p. 32.

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