Commission européenne, DG COMP MERGER REGISTRY, 1049 Bruxelles, BELGIQUE  
Europese Commissie, DG COMP MERGER REGISTRY, 1049 Brussel,   BELGIË  
 
Tel: +32 229 -91111. Fax: +32 229 -64301. E -mail: COMP -MERGER -REGISTRY@ec.europa.eu . 
  EUROPEAN COMMISSION  
Brussels,  25.11.2022  
C(2022 ) 8755 final  
PUBLIC VERSION  
Atlas Arteria Limited  
Level 1, 180 Flinders Street  
VIC 3000 Melbourne  
Australia  
 
Ontario Teachers’ Pension Plan Board  
5650 Yonge Street  
M2M 4H5 Toronto  
Canada  
Subject : Case M. 10947 – ATLAS  ARTERIA / OTPP / SKYWAY CONCESSION 
COMPANY  
Commission decision pursuant to Article 6(1)(b) of Council Regulation 
(EC) No 139/20041 and Article 57 of the Agreement on the European 
Economic Area2  
Dear Sir or Madam,  
1. On 31 October  2022 , the European Commission received notification of a proposed 
concentration pursuant to Article 4 of the Merger Regulation , by which the 
undertaking s Atlas Arteria , through Atlas Arteria Limited , (Australia) and Ontario 
Teachers’ Pension Plan (‘OTPP’, Canada), will acquire within the meaning of Article 
3(1)(b)  of the Merger Regulation joint control over the whole of Skyway Concession 
Company LLC (‘Skyway Concession Company’ , USA) , by way of purch ase of 
shares .3 
2. The business activities of the undertakings concerned  are the following : 
 Atlas Arteria is a global owner, operator and developer of toll roads. It is an 
Australian Securities Exchange listed ‘dual stapled vehicle’ , which comprises 
Atlas Arteria Limited and Atlas Arteria International Limited. Together, they 
have a portfolio  comprising four toll roads, of which two in France (APRR and 
                                                 
1 OJ L 24, 29.1.2004, p. 1 ( the ‘Merger Regulation ’). With effect from 1 December 2009,  the Treaty on 
the Funct ioning 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.  
2  OJ L 1, 3.1.1994, p.  3 (the ‘EEA Agreement ’). 
3  Publication in the Official Journal of the European Union No C 428, 10.11.2022 , p. 47. 

 
2 ADELAC), one in Germany (Warnow Tunnel) and one in the United States 
(Dulles Greenw ay), 
 OTPP is responsible for the administration of pension benefits and the investment 
of pension plan assets on behalf of approximately 333,000 active and retired 
teachers in t he Canadian province of Ontario,  
 Skyway Concession Company is  the concessionair e of the Chicago Skyway toll 
road in Chicago, Illinois . It has no activities in the European Economic Area.  
3. After examination of the notification, the European Commission has concluded that 
the notified operation falls within the scope of the Merger  Regula tion and of 
paragraph 5 (a) 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 Agre ement . 
For the Commission  
 
 
(Signed)  
Olivier GUERSENT  
Director -General  
 
                                                 
4  OJ C 366, 14.12.2013, p. 5 .