# m8923.docx

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EUROPEAN COMMISSION

Brussels, 8.6.2018

PUBLIC VERSION

C(2018) 3782 final

C(2018) 3782 final

To the notifying parties:

To the

notifying

parties:

Subject:Case M.8923  AMP Capital/Aena Internacional/Luton Airport

  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

Subject

:

Case

M.

8923

AMP Capital/

Aena

Internacional

/Luton Airport

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,

Dear Sir or Madam,

1.On 15 May 2018, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by which the undertakings AMP Capital Investors (UK) Limited (‘AMP Capital’, the United Kingdom), belonging to the corporate group of AMP Limited (Australia), and Aena Desarrollo Internacional, S.M.E., S.A. (‘Aena Internacional’, Spain), wholly-owned by Aena, itself majority-owned by the Spanish statutory corporation ENAIRE, acquire within the meaning of Articles 3(1)(b) and 3(4) of the Merger Regulation joint control over London Luton Airport Operations Limited (‘LLAOL’, the United Kingdom), by way of purchase of shares.
  3

1.

On

15 May 2018

,

the

European

Commission received notification of a proposed concentration pursuant to Article 4 of

the

Merger

Regulation by which

the undertakings

AMP Capital Investors (UK) Limited (‘A

MP Capital’, the United Kingdom

)

, belonging to the corporate group of AMP Limited (Australia)

,

and

Aena

Desarrollo

Internacional

, S.M.E., S.A. (‘

Aena

Internacional

’, Spain

)

, wholly-owned by

Aena

, itself majority-owned by the Spanish statutory corporation ENAIRE

, acquire within the meaning of Article

s

3(1)(b)

and 3(4)

of the Merger

Regulation joint control over

London Luton Airport Operations Limite

d (‘LLAOL’, the United Kingdom)

,

by way of purchase of shares

.

3

2.The business activities of the undertakings concerned are:

2.

The business activities of the undertakings concerned are:

-for AMP Capital: infrastructure investment and management services, including control over Newcastle International Airport and Leeds Bradford Airport in the United Kingdom;

-

for AMP Capital

:

infrastructure investment and management services, including control over Newcastle International Airport and Leeds Bradford Airport in the United Kingdom;

-for Aena Internacional: management of airport infrastructure;

-

for

Aena

Internacional

: management of airport infrastructure;

-for LLAOL: management and operation of London Luton Airport.

-

for LLAOL: management and operation of London Luton Airport.

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(c) of the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004.
  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

(

c

)

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.

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

For the Commission

(Signed)

Johannes LAITENBERGER

Director

-

General

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.

OJ C 366, 14.12.2013, p. 5.