Prior notification of a concentration (Case M.9512 — EQT/Colony Capital/Zayo) Candidate case for simplified procedure (Text with EEA relevance) 2019/C 379/05
Date: 2019-11-08
Institutions: Directorate-General for Competition, European Commission
Subjects: digital technology, economic concentration, investment company, merger control, provision of services, telecommunications








C_2019379EN.01000501.xml










8.11.2019   


EN


Official Journal of the European Union


C 379/5






Prior notification of a concentration
(Case M.9512 — EQT/Colony Capital/Zayo)
Candidate case for simplified procedure
(Text with EEA relevance)
(2019/C 379/05)

1.   

On 30 October 2019, 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:






—


EQT Fund Management S.à r.l. (‘EQT’, Luxembourg),










—


Digital Colony GP, LLC (‘Digital Colony’, United States), controlled by Colony Capital, Inc. (‘Colony Capital’, United States),










—


Zayo Group Holding, Inc. (‘Zayo’, United States).




EQT and Digital Colony acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of the whole of Zayo.
The concentration is accomplished by way of purchase of shares.

2.   
The business activities of the undertakings concerned are:






—


for EQT: investment fund investing in infrastructure and infrastructure-related assets and businesses in primarily Europe and North America,










—


for Digital Colony: investment firm, controlled by global real estate and investment management firm Colony Capital, investing in digital infrastructure companies,










—


for Zayo: provider of communications infrastructure services in Europe and North America, including leased dark fibre, private data networks, wavelength connections, Ethernet, IP connectivity, cloud offerings, colocation services and other high-bandwidth offerings.






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.9512 — EQT/Colony Capital/Zayo
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.