# m8839.docx

| | EUROPEAN COMMISSION |
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EUROPEAN COMMISSION

Brussels, 4.4.2018

C(2018) 2123 final

PUBLIC VERSION

To the notifying party

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

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,

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 undertaking GIP III Global Investments S.à r.l. (Luxembourg), ultimately controlled by Global Infrastructure Management, LLC (‘GIP’, USA), acquires 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

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:

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 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.

-

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

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.

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

For the Commission

(signed)

Johannes LAITENBERGER
  Director-General

(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.

OJ C 366, 14.12.2013, p. 5.