Prior notification of a concentration (M.10535 – GIP / APG / AUSTRALIANSUPER / PEEL GROUP / PEEL PORTS) Candidate case for simplified procedure (Text with EEA relevance) 2021/C 520/08
Date: 2021-12-27
Institutions: Directorate-General for Competition, European Commission
Subjects: Europe, Ireland, United Kingdom, economic concentration, harbour installation, investment company, maritime shipping, merger control, pension scheme, provision of services, subsidiary








C_2021520EN.01001001.xml










27.12.2021   


EN


Official Journal of the European Union


C 520/10






Prior notification of a concentration
(M.10535 – GIP / APG / AUSTRALIANSUPER / PEEL GROUP / PEEL PORTS)
Candidate case for simplified procedure
(Text with EEA relevance)
(2021/C 520/08)

1.   
On 14 December 2021, 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:






—


Global Infrastructure Management, LLC via its fund Global Infrastructure Partners (‘GIP’, United States of America),










—


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










—


AS Infra PP Pty Ltd, acting as trustee for the AS Infra PP Trust (‘AS’, Australia),










—


Peel Holdings Group Limited (‘PG’, United Kingdom),










—


Peel Ports Group Limited (‘the Target’, United Kingdom).




GIP, APG, AS and PG acquire within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control of the Target (‘the Transaction’).
The concentration is accomplished by way of purchase of shares.


2.   
The business activities of the undertakings concerned are:






—


for GIP: funds investing globally in equity and equity-related investments in infrastructure and infrastructure-related assets in the transportation, energy, water, waste and other public service sectors. One of GIP’s jointly controlled portfolio company, Terminal Investment Limited Sarl (‘TIL’) invests in, develops and manages container terminals in 27 countries around the world, including a container terminal at the port of Liverpool (the L2 Terminal) which it jointly controls with the Target,










—


for APG: subsidiary of APG Groep N.V., one of the largest Dutch pension providers, active globally in the management of assets for pension funds in various sectors, including education, government, construction, energy and utility companies,










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for AS: Australia’s largest superannuation (pension) fund and one of the top 25 pension funds globally, investing globally in unlisted assets, namely infrastructure, property, debts and private equity,










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for PG: investment company with interests in a diverse portfolio of real estate, transport and infrastructure assets, primarily active in the UK,










—


for the Target: provider of ports services across the UK and Ireland and shipping across the UK, Ireland and Europe. Its port operations include activities at the Port of Liverpool, the Manchester Ship Canal, Port of Heysham, London Medway, Port of Great Yarmouth, Clydeport, as well as Dublin Marine Terminals in Ireland. The Target has a subsidiary, BG Freight Line (‘BG’), which provides short sea container shipping services.






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 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.10535 – GIP / APG / AUSTRALIANSUPER / PEEL GROUP / PEEL PORTS
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.