# C_2015084EN.01000601.xml

| 12.3.2015 | EN | Official Journal of the European Union | C 84/6 |
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12.3.2015

EN

Official Journal of the European Union

C 84/6

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Prior notification of a concentration

(Case M.7539 — GIP II / ACS / DevCo)

Candidate case for simplified procedure

(Text with EEA relevance)

(2015/C 84/06)

| 1. | On 4 March 2015, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which Global Infrastructure Management, LLC of the United States of America (‘GIP’) via its fund Global Infrastructure Partners II, and ACS, Servicios, Comunicaciones y Energía, S.L. of Spain (‘ACS’) will acquire within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control of the DevCo limited liability company (‘DevCo’, Spain) by way of purchase of shares in a newly created company constituting a joint venture. |
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1.

On 4 March 2015, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which Global Infrastructure Management, LLC of the United States of America (‘GIP’) via its fund Global Infrastructure Partners II, and ACS, Servicios, Comunicaciones y Energía, S.L. of Spain (‘ACS’) will acquire within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control of the DevCo limited liability company (‘DevCo’, Spain) by way of purchase of shares in a newly created company constituting a joint venture.

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






  — | GIP is an independent infrastructure fund manager. GIP’s equity funds invest in high quality infrastructure assets in the energy, transport and water/waste sectors. GIP’s funds invest in equity and equity-related investments in infrastructure and infrastructure-related assets in the transportation, energy, water, waste and other public service sectors, |
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2.

The business activities of the undertakings concerned are:

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GIP is an independent infrastructure fund manager. GIP’s equity funds invest in high quality infrastructure assets in the energy, transport and water/waste sectors. GIP’s funds invest in equity and equity-related investments in infrastructure and infrastructure-related assets in the transportation, energy, water, waste and other public service sectors,

| — | ACS is active in a wide range of applied engineering services related to the development, construction, maintenance and operation of energy in the following areas: energy, oil & gas, mining, water treatment, hydroelectric, industrial and mobility infrastructures, |
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ACS is active in a wide range of applied engineering services related to the development, construction, maintenance and operation of energy in the following areas: energy, oil & gas, mining, water treatment, hydroelectric, industrial and mobility infrastructures,

| — | DevCo will be active in the development, construction and operation of renewable energy assets. |
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DevCo will be active in the development, construction and operation of renewable energy assets.

| 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 the 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 the 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 e-mail to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number M.7539 — GIP II / ACS / DevCo, 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 e-mail to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number M.7539 — GIP II / ACS / DevCo, 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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