Prior notification of a concentration (Case COMP/M.7148 — Borealis Europan Holdings/First State Investments/Fortum Distribution Finland) — Candidate case for simplified procedure  Text with EEA relevance
Date: 2014-01-10
Institutions: European Commission
Subjects: Finland, State aid, control of State aid, electrical energy, energy industry, investment company








C_2014006EN.01001201.xml










10.1.2014   


EN


Official Journal of the European Union


C 6/12





Prior notification of a concentration
(Case COMP/M.7148 — Borealis Europan Holdings/First State Investments/Fortum Distribution Finland)
Candidate case for simplified procedure
(Text with EEA relevance)
2014/C 6/08






1.


On 3 January 2014, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertakings Borealis European Holdings BV (‘Borealis’ of the United Kingdom) ultimately controlled by OMERS Administration Corporation, and First State Investments International Limited (‘First State’ of the United Kingdom) ultimately controlled by the Commonwealth Bank of Australia acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of the electricity distribution assets of the Forum Oyj group (Fortum Sähkönsiirto Oy (‘FSS’), Fortum Espoo Distribution Oy (‘FED’) and Fortum Meter Lease SNC (‘FML’), together referred to as ‘Fortum Distribution Finland’ of Finland) by way of purchase of shares.










2.


The business activities of the undertakings concerned are:






—


Borealis is the exclusive infrastructure manager for OMERS Administration Corporation and is one of the largest infrastructure investors in the world and a world leader in developing infrastructure investing as an asset class for institutional investors,










—


First State is a global asset management business which manages investments on behalf of amongst others institutional investors and pension funds,










—


Fortum Distribution Finland is Finland's leading electricity distributor. Its distribution networks are located in Northern, Western and Southern Finland as well as in the city of Joensuu. It is also active in electricity meter leasing in Finland.














3.


On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the EC 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 EC Merger Regulation (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. Observations can be sent to the Commission by fax (+32 22964301), by email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.7148 — Borealis Europan Holdings/First State Investments/Fortum Distribution Finland, 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 (the ‘EC Merger Regulation’).

(2)  OJ C 56, 5.3.2005, p. 32 (‘Notice on a simplified procedure’).