Prior notification of a concentration (Case M.8623 — Borealis/OTPP/SSE/Maple) — Candidate case for simplified procedure (Text with EEA relevance. )
Date: 2017-09-29
Institutions: European Commission
Subjects: economic concentration, energy industry, energy supply, measuring equipment, merger control, pension scheme








C_2017327EN.01001101.xml










29.9.2017   


EN


Official Journal of the European Union


C 327/11





Prior notification of a concentration
(Case M.8623 — Borealis/OTPP/SSE/Maple)
Candidate case for simplified procedure
(Text with EEA relevance)
(2017/C 327/05)






1.


On 18 September 2017, 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:






—


Borealis Smart Holdings BV (the Netherlands), belonging to Borealis European Holdings BV and controlled by Omers Administration Corporation (Canada),










—


Ontario Limited (Canada), belonging to the Ontario Teachers’ Pension Plan Board (Canada),










—


SSE Maple Limited (United Kingdom), belonging to SSE plc (United Kingdom),










—


Maple TopCo Limited (United Kingdom).




SSE Plc (‘SSE’), the Ontario Teachers’ Pension Plan Board (‘OTPP’) and Borealis European Holdings BV (‘Borealis’) acquire within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control of Maple Topco Limited (‘Maple’).
The concentration is accomplished by way of contract of management or any other means.










2.


The business activities of the undertakings concerned are:






—


Borealis is a manager for Omers Administration Corporation (‘Omers’). Omers is the administrator of the Ontario Municipal Employees Retirement System Primary Pension Plan,










—


SSE is an energy company with operations in the United Kingdom and Ireland,










—


OTPP is the administrator of Canada’s largest single-profession pension plan,










—


Maple is active in meter asset provision to energy suppliers in the United Kingdom.














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.8623 — Borealis/OTPP/SSE/Maple
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.