Document ID: 32018M8839
Language: ENG

<table><tr><td><p><span><img/></span></p></td><td><p><span>EUROPEAN COMMISSION</span></p></td></tr></table>
Brussels, 4.4.2018
C(2018) 2123 final
PUBLIC VERSION
To the notifying party
Subject : Case M.8839 - GIP / NTV Commission decision pursuant to Article 6(1 )( b) of Council Regulation (EC) No 139/2004 1 and Article 57 of the Agreement on the European Economic Area 2
Dear Sir or Madam,
1. On 5 March 2018, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by which the u ndertaking GIP III Global Investments S.à r.l . (Luxembourg) , ultimately controlled by Global Infrastructure Management, LLC (‘GIP’, USA), acquire s within the meaning of Article 3(1 )( b) of the Merger Regulation joint control over the whole of the undertaking Italo — Nuovo Trasporto Viaggiatori SpA (‘ Italo ’, Italy) by way of purchase of shares . 3
2. The business activities of the undertakings concerned are:
- for GIP: US-based global infrastructure investor in the energy, transport and water/waste sectors,
- for Italo : Italy’s first privately owned high-speed rail passenger transport operator, operating under the brand ‘ Italo ’. Currently, Italo connects 19 stations in 14 Italian cities.
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 ( b ) 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)
Johannes LAITENBERGER Director-General
<note>
(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 95 , 13.03.2018 , p. 25 .
(4) OJ C 366, 14.12.2013, p. 5 .
</note>