# C_2017082EN.01000501.xml

| 17.3.2017 | EN | Official Journal of the European Union | C 82/5 |
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17.3.2017

EN

Official Journal of the European Union

C 82/5

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Prior notification of a concentration

(Case M.8293 — 3i/APG/ATP/EISER Infrastructure Portfolio)

Candidate case for simplified procedure

(Text with EEA relevance)

(2017/C 82/06)

| 1. | On 10 March 2017, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which 3i Group plc (‘3i’, United Kingdom), APG Asset Management N.V. (‘APG’, Netherlands) and Arbejdsmarkedets Tillægspension (‘ATP’, Denmark) indirectly acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control over a portfolio of five European infrastructure companies (‘Target companies’), by way of purchase of shares. |
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1.

On 10 March 2017, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which 3i Group plc (‘3i’, United Kingdom), APG Asset Management N.V. (‘APG’, Netherlands) and Arbejdsmarkedets Tillægspension (‘ATP’, Denmark) indirectly acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control over a portfolio of five European infrastructure companies (‘Target companies’), by way of purchase of shares.

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| 2. | The business activities of the undertakings concerned are:
  —   for 3i: an international investor and investment management business listed on the London Stock Exchange. 3i consists of three businesses: mid-market Private Equity, Infrastructure and Debt Management, and specialises in core investment markets in Europe and North America.
  —   for APG: is the asset management business unit of APG Group, a collective pensions scheme provider. APG carries out the executive consultancy, asset management, pension administration and communication for pension funds in the field of collective pensions, for around 4,5 million Dutch citizens.
  —   for ATP: one of Europe’s largest pension providers. ATP comprises two business areas: Pensions & Investments, which manages ATP’s assets, and the Processing Business, which is responsible for the administration and disbursement of a number of social security and welfare benefits in Denmark.
  —   for Target companies: (i) Belfast City Airport Limited (an airport in the United Kingdom); (ii) ESP Utilities Group Limited (an owner and operator of gas and electricity networks in the United Kingdom); (iii) Herambiente SpA (waste treatment facilities in Italy); (iv) Concesiones de Intercambiadores de Transporte S.L. (two bus terminals in Spain); and (v) Autovias de Peaje en Sombra S.L. (two shadow toll road concessions in Spain). |
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2.

The business activities of the undertakings concerned are:

—   for 3i: an international investor and investment management business listed on the London Stock Exchange. 3i consists of three businesses: mid-market Private Equity, Infrastructure and Debt Management, and specialises in core investment markets in Europe and North America.

for 3i

—   for APG: is the asset management business unit of APG Group, a collective pensions scheme provider. APG carries out the executive consultancy, asset management, pension administration and communication for pension funds in the field of collective pensions, for around 4,5 million Dutch citizens.

for APG

—   for ATP: one of Europe’s largest pension providers. ATP comprises two business areas: Pensions & Investments, which manages ATP’s assets, and the Processing Business, which is responsible for the administration and disbursement of a number of social security and welfare benefits in Denmark.

for ATP

—   for Target companies: (i) Belfast City Airport Limited (an airport in the United Kingdom); (ii) ESP Utilities Group Limited (an owner and operator of gas and electricity networks in the United Kingdom); (iii) Herambiente SpA (waste treatment facilities in Italy); (iv) Concesiones de Intercambiadores de Transporte S.L. (two bus terminals in Spain); and (v) Autovias de Peaje en Sombra S.L. (two shadow toll road concessions in Spain).

for Target companies

| 3. | On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the Merger Regulation. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in this Notice. |
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3.

On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the Merger Regulation. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in this Notice.

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| 4. | The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.
  Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301), by email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference M.8293 — 3i/APG/ATP/EISER Infrastructure Portfolio, to the following address:





  European Commission |
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| Directorate-General for Competition |
| Merger Registry |
| 1049 Bruxelles/Brussel |
| BELGIQUE/BELGIË |

4.

The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.

Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301), by email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference M.8293 — 3i/APG/ATP/EISER Infrastructure Portfolio, to the following address:

European Commission

Directorate-General for Competition

Merger Registry

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

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(1)  OJ L 24, 29.1.2004, p. 1 (the ‘Merger Regulation’).

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(2)  OJ C 366, 14.12.2013, p. 5.

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