Prior notification of a concentration (Case M.9879 – APG/NPS/JMI/Brisa) Candidate case for simplified procedure (Text with EEA relevance) 2020/C 291/05
Date: 2020-09-02
Institutions: Directorate-General for Competition, European Commission
Subjects: Portugal, South Korea, charges for use of infrastructure, economic concentration, investment company, maintenance, merger control, transport infrastructure, transport licence, vehicle








C_2020291EN.01000501.xml










2.9.2020   


EN


Official Journal of the European Union


C 291/5






Prior notification of a concentration
(Case M.9879 – APG/NPS/JMI/Brisa)
Candidate case for simplified procedure
(Text with EEA relevance)
(2020/C 291/05)

1.   
On 25 August 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:






—


APG Asset Management N.V. (‘APG’, The Netherlands),










—


National Pension Service of the Republic of Korea (‘NPS’, Republic of Korea)










—


José de Mello – Investimentos, SGPS, SA (‘JMI’, Portugal)










—


Brisa – Auto-Estradas de Portugal, S.A. (‘Brisa’, Portugal)




APG, NPS and JMI acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of the whole of Brisa.
The concentration is accomplished by way of purchase of shares.


2.   
The business activities of the undertakings concerned are:






—


for APG: wholly owned asset management subsidiary of the APG Group, investing funds on behalf of APG Group’s Dutch pension fund in various industries, such as energy and utilities, telecommunications and transport infrastructure,










—


for NPS: a reserve fund established to finance and execute the National Pension Scheme of the Republic of Korea, managing funds and actively investing in various industries, such as transport infrastructure, on behalf of its clients,










—


for JMI: a wholly owned subsidiary of the JM Group (Portugal), holding investments in various economic sectors, in particular private healthcare services, road infrastructure and chemical industry mainly in Portugal,










—


for Brisa: construction, maintenance and operation of motorway concessions, provision of support services to motorway concessions, mobility payment services, technologies for mobility and vehicle services in Portugal.






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.9879 – APG/NPS/JMI/Brisa
Observations can be sent to the Commission by email, by fax, or by post. Please use the contact details below:
E-mail: 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.