Official Journal of the European Union

Prior notification of a concentration

(Case M.9766 — APG/CalSTRS/Munich RE/Astoria I & II)

Candidate case for simplified procedure

(Text with EEA relevance)

(2020/C 104/04)

1. On 23 March 2020, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 ( 1 ) This notification concerns the following undertakings: — Gotham Power Investors LLC (‘Gotham JV’), jointly controlled by California State Teachers Retirement System (‘CalSTRS’) (USA) and Stichting Pensionfonds ABP (‘APG’) (The Netherlands), — MR Gotham LP (‘MR Gotham’), controlled by Münchener Rückversicherungs-Gesellschaft (‘Munich Re’) (Germany), — GPP New York, LLC and GPP Astoria II, LLC, both controlled by California Public Employees' Retirement System (‘CalPERS’) (USA), — Astoria Project Partners LLC (‘Astoria I’) (USA), — Astoria Project Partners II LLC (‘Astoria II’) (USA). Gotham JV and MR Gotham acquire, through their jointly controlled joint venture Astoria Power Partners Holding LLC (“APPH”), within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation, joint control of Astoria I and Astoria II. CalPERS (a pre-existing shareholder) will retain joint control over Astoria II. The concentration is accomplished by way of purchase of shares.

2. The business activities of the undertakings concerned are: — for CalSTRS: a passive equity investor established by California law to provide retirement, disability and survivor benefits to California's public school educators from prekindergarten through to community college, — for APG: provider of financial services such as executive consultancy, asset management, pension administration, pension communication and employers services on behalf of pension funds and employers in a variety of sectors, — for Munich Re: an international insurance company covering the entire value chain of reinsurance, primary insurance (e.g. ERGO) and insurance-ancillary risk solutions, and also asset management services (MEAG), — for CalPERS: an agency in the California executive branch that manages pension and health benefits for more than 1.6 million California public employees, retirees, and their families, — for Astoria I and Astoria II: the holding of two gas fueled, combined-cycle power plants which generate electricity, located in New York (USA).

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 the Notice.

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. The following reference should always be specified: M.9766 — APG/CalSTRS/Munich RE/Astoria I & II Observations can be sent to the Commission by email, by fax, or by post. Please use the contact details below: Email: COMP-MERGER-REGISTRY@ec.europa.eu Fax: +32 22964301 Postal address: European Commission Directorate-General for Competition Merger Registry 1049 Bruxelles/Brussel BELGIQUE/BELGIË

(1) OJ L 24, 29.1.2004, p. 1 (the ‘Merger Regulation’).

(2) OJ C 366, 14.12.2013, p. 5.