Prior notification of a concentration (Case M.10801 – INFRAFIBRE / DG FIBRE / DGN) Candidate case for simplified procedure (Text with EEA relevance) 2022/C 281/05
Date: 2022-07-22
Institutions: Directorate-General for Competition, European Commission
Subjects: carrier, economic concentration, financial services, holding company, insurance, investment company, merger control, provision of services, telecommunications








C_2022281EN.01000601.xml










22.7.2022   


EN


Official Journal of the European Union


C 281/6






Prior notification of a concentration
(Case M.10801 – INFRAFIBRE / DG FIBRE / DGN)
Candidate case for simplified procedure
(Text with EEA relevance)
(2022/C 281/05)

1.   
On 18 July 2022, 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:






—


Infrafibre Sàrl (‘Infrafibre’, Luxembourg), ultimately controlled by Deutsche Bank AG (Germany),










—


DG Fibre Holding Limited (‘DG Fibre’, UK), controlled by Sun Life Financial Inc. (Canada),










—


Deutsche GigaNetz GmbH (‘DGN’, Germany), controlled by DG Fibre (UK).




Infrafibre and DG Fibre will acquire within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control over DGN.
The concentration is accomplished by way of purchase of shares.


2.   
The business activities of the undertakings concerned are the following:






—


Infrafibre is a portfolio company of a European infrastructure fund managed by subsidiaries of DWS Group GmbH & Co KGaA (‘DWS Group’, Germany). DWS Group, ultimately controlled by Deutsche Bank AG, is an asset management company with a wide investment portfolio, which includes investments in infrastructure assets in Europe. Deutsche Bank AG (Germany) is a global provider of financial services.










—


DG Fibre is a holding company owned by an infrastructure fund managed by InfraRed Capital Partners Limited (UK) (‘IRCP’). IRCP is a global investment manager ultimately controlled by Sun Life Financial Inc (‘Sun Life’, Canada). Sun Life is a financial services company providing insurance, wealth and asset management solutions to individual and corporate clients.










—


DGN is active as a fully integrated FTTH telecommunications provider for private, commercial and carrier customers in Germany.






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.10801 – INFRAFRIBRE / DG FIBRE / DGN
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.