# C_2009007EN.01001401.xml

| 13.1.2009 | EN | Official Journal of the European Union | C 7/14 |
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13.1.2009

EN

Official Journal of the European Union

C 7/14

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Prior notification of a concentration

(Case COMP/M.5439 — OP Trust/Deutsche Bank London/Lloyds TSB Bank/BNP Paribas/Porterbrook Leasing)

Candidate case for simplified procedure

(Text with EEA relevance)

(2009/C 7/10)

| 1. | On 23 December 2008, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertakings OPSEU Pension Plan Trust Fund (‘OP Trust’, Canada), Deutsche Bank AG (‘DB’, Germany), Lloyds TSB Bank plc (‘Lloyds’, United Kingdom) and Antin Infrastructure Partners FCPR (‘AIP’, United Kingdom), an investment fund sponsored by BNP Paribas SA (‘BNP’, France) acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of the undertaking Porterbrook Leasing Company Limited and subsidiaries (‘Porterbrook’, United Kingdom), currently jointly controlled by DB, Lloyds and AIP, by way of purchase of shares. |
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1.

On 23 December 2008, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertakings OPSEU Pension Plan Trust Fund (‘OP Trust’, Canada), Deutsche Bank AG (‘DB’, Germany), Lloyds TSB Bank plc (‘Lloyds’, United Kingdom) and Antin Infrastructure Partners FCPR (‘AIP’, United Kingdom), an investment fund sponsored by BNP Paribas SA (‘BNP’, France) acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of the undertaking Porterbrook Leasing Company Limited and subsidiaries (‘Porterbrook’, United Kingdom), currently jointly controlled by DB, Lloyds and AIP, by way of purchase of shares.

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| 2. | The business activities of the undertakings concerned are:






  — | for OP Trust: administering one of the Canada's largest pension plans, |
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2.

The business activities of the undertakings concerned are:

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for OP Trust: administering one of the Canada's largest pension plans,

| — | for DB: global provider of financial services, |
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for DB: global provider of financial services,

| — | for Lloyds: financial services group providing banking and financial services in the UK and overseas, |
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for Lloyds: financial services group providing banking and financial services in the UK and overseas,

| — | for AIP: investment fund sponsored by BNP, |
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for AIP: investment fund sponsored by BNP,

| — | for BNP: provider of banking and financial services in France and abroad, |
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for BNP: provider of banking and financial services in France and abroad,

| — | for Porterbrook: supply of operating leases of all types of railway rolling stock and associated equipment to British passenger train operating companies and freight companies, including rolling stock maintenance services. |
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for Porterbrook: supply of operating leases of all types of railway rolling stock and associated equipment to British passenger train operating companies and freight companies, including rolling stock maintenance services.

| 3. | On preliminary examination, the Commission finds that the notified transaction could fall within the scope of Regulation (EC) No 139/2004. 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 the Notice. |
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3.

On preliminary examination, the Commission finds that the notified transaction could fall within the scope of Regulation (EC) No 139/2004. 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 the 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 ((32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.5439 — OP Trust/Deutsche Bank London/Lloyds TSB Bank/BNP Paribas/Porterbrook Leasing, to the following address:





  European Commission |
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| Directorate-General for Competition |
| Merger Registry |
| J-70 |
| B-1049 Brussels |

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 ((32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.5439 — OP Trust/Deutsche Bank London/Lloyds TSB Bank/BNP Paribas/Porterbrook Leasing, to the following address:

European Commission

Directorate-General for Competition

Merger Registry

J-70

B-1049 Brussels

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(1)  OJ L 24, 29.1.2004, p. 1.

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(2)  OJ C 56, 5.3.2005, p. 32.

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