# C_2010004EN.01002401.xml

| 8.1.2010 | EN | Official Journal of the European Union | C 4/24 |
| --- | --- | --- | --- |

8.1.2010

EN

Official Journal of the European Union

C 4/24

---

Prior notification of a concentration

(Case COMP/M.5759 — Macquarie Funds/Antin IP/Pisto Group)

Candidate case for simplified procedure

(Text with EEA relevance)

2010/C 4/06

| 1. | On 23 December 2009, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the Macquarie Funds and Antin Infrastructure Partners (‘Antin IP’, France) acquire within the meaning of Article 3(1)(b) of the Regulation (EC) No 139/2004 joint control over Macquarie Strategic Storage Facilities Holdings S.a.r.l. (‘MSSFH’, Luxembourg) and its subsidiaries (together ‘The Pisto Group’, France) by way of the grant of certain contractual veto rights. |
| --- | --- |

1.

On 23 December 2009, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the Macquarie Funds and Antin Infrastructure Partners (‘Antin IP’, France) acquire within the meaning of Article 3(1)(b) of the Regulation (EC) No 139/2004 joint control over Macquarie Strategic Storage Facilities Holdings S.a.r.l. (‘MSSFH’, Luxembourg) and its subsidiaries (together ‘The Pisto Group’, France) by way of the grant of certain contractual veto rights.

1

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






  — | for the Macquarie Funds: financial and infrastructure investment activities, |
| --- | --- | --- |

2.

The business activities of the undertakings concerned are:

—

for the Macquarie Funds: financial and infrastructure investment activities,

| — | for Antin IP: an infrastructure investment fund sponsored by BNP Paribas, which is a French-based provider of banking and financial services; and, |
| --- | --- |

—

for Antin IP: an infrastructure investment fund sponsored by BNP Paribas, which is a French-based provider of banking and financial services; and,

| — | for the Pisto Group: active in the oil products storage sector. |
| --- | --- |

—

for the Pisto Group: active in the oil products storage sector.

| 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. |
| --- | --- |

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.

2

| 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 or 22967244) or by post, under reference number COMP/M.5759 — Macquarie Funds/Antin IP/Pisto Group, to the following address:





  European Commission |
| --- | --- |
| 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 or 22967244) or by post, under reference number COMP/M.5759 — Macquarie Funds/Antin IP/Pisto Group, to the following address:

European Commission

Directorate-General for Competition

Merger Registry

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

---

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

1

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

2

---