# m8722.docx

| | EUROPEAN COMMISSION |
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EUROPEAN COMMISSION

Brussels, 8.12.2017

C(2017) 8579 final

PUBLIC VERSION

To the notifying party

To the notifying part

y

Subject:Case M.8722 - OMERS / THAMES WATER

  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.

8722 - OMERS / THAMES WATER

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 16 November 2017, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by which Omers Administration Corporation ("OMERS", Canada) acquires, within the meaning of Article 3(1)(b) of the Merger Regulation, sole control over the whole of Thames Water (UK) by way of a purchase of shares.
  3

1.

On

16 November 2017

,

the

European

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

the

Merger

Regulation by which

O

mers

Administration Corporation

(

"OMERS"

, Canada)

acquires

,

within the meaning of Article 3(1

)(

b) of the Merger Regulation

, sole

control

over

the whole of

Thames Water

(UK)

by way of

a

purchase of shares

.

3

2.The business activities of the undertakings concerned are:

2.

The business activities of the undertakings concerned are:

–
     OMERS is the administrator of the Ontario Municipal Employees Retirement System Primary Pension Plan in Canada;

–

OMERS

is

the administrator of the

Ontario Municipal Employees Retirement System

Primary Pension Plan in Canada;

–
     Thames Water is a private utility company that is primarily active in the regulated provision of integrated water and sewerage services to household customers in the Thames Valley region, which incorporates London and parts of South East England.

–

Thames Water

is a private utility company that is primarily active in the regulated provision of integrated water and sewerage services to household customers in the Thames Valley region, which incorporates London and parts of South East England

.

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

(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.