# m8728.docx

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EUROPEAN COMMISSION

Brussels, 15.3.2018

C(2018) 1678 final

PUBLIC VERSION

To the notifying parties

To the notifying parties

Subject:Case M.8728 - DIAMOND TRANSMISSION CORPORATION / INFRARED CAPITAL PARTNERS / JV

  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.

8728 - DIAMOND TRANSMISSION CORPORATION / INFRARED CAPITAL PARTNERS / JV

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 21 February 2018, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by which Diamond Transmission Corporation Limited ("DTC", United Kingdom), controlled by Mitsubishi Corporation ("MC", Japan), and Infrared Capital Partners Limited ("IRCP", United Kingdom), controlled by InfraRed Capital Partners (Management) LLP (United Kingdom), acquire within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control of the whole of Diamond Transmission Partners BBE (Holding) Limited ("Target", United Kingdom), currently solely controlled by DTC, by way of purchase of shares. 
  3

1.

On

21 February 2018

,

the

European

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

the

Merger

Regulation by which

Diamond Transmission Corporation Limited ("DTC", United Kingdom), controlled by Mitsubishi Corporation ("MC", Japan),

and

Infrared Capital Partners Limited ("IRCP", United Kingdom), controlled by

InfraRed

Capital Partners (Management) LLP (United Kingdom),

acquire within the meaning of Article 3(1)(b)

and 3(4)

of the Merger Regulation

joint

control of the whole of

Diamond Transmission Partners BBE (Holding) Limited ("Target", United Kingdom), currently solely controlled by DTC

,

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 DTC: a holding company that integrates MC's investment activities in the electricity transmission sector,

–

–
     for IRCP: an infrastructure investment management company active in financial advice and managing investments on behalf of investment funds,

–

–
     for the Target: Offshore Transmission Owner for the Burbo Bank Extension offshore windfarm active in the transmission of electricity from this windfarm to the UK's onshore National Electricity Transmission System.

–

Burbo

Bank Extension offshore windfarm active in the transmission of electricity from this windfarm to the UK's onshore National Electricity Transmission System.

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


  (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.