Prior notification of a concentration (Case M. 10819 – OMERS / APG / GROENDUS) Candidate case for simplified procedure (Text with EEA relevance) 2022/C 321/04
Date: 2022-08-25
Institutions: Directorate-General for Competition, European Commission
Subjects: Netherlands, customers, economic concentration, energy consumption, investment company, merger control, provision of services, renewable energy








C_2022321EN.01000501.xml










25.8.2022   


EN


Official Journal of the European Union


C 321/5






Prior notification of a concentration
(Case M. 10819 – OMERS / APG / GROENDUS)
Candidate case for simplified procedure
(Text with EEA relevance)
(2022/C 321/04)

1.   
On 17 August 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:






—


OMERS Infrastructure European Holdings 2 B.V. (‘OMERS Infrastructure’, the Netherlands), controlled by OMERS Administration Corporation (‘OMERS’, Canada),










—


APG Asset Management N.V. (‘APG’, the Netherlands), controlled by Stichting Pensioenfonds ABP (‘ABP’, the Netherlands),










—


Groendus Groep B.V. (‘Groendus’, the Netherlands), controlled by NPM Capital N.V. (the Netherlands).




OMERS and APG will acquire within the meaning of Articles 3(1)(b) and 3(4) of the Merger Regulation joint control of the whole of Groendus.
The concentration is accomplished by way of purchase of shares.


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






—


OMERS Infrastructure is an investment platform controlled by OMERS which is managing a diversified portfolio of investments in public markets, private equity, infrastructure and real estate at global level.










—


APG is controlled by ABP which is managing a diversified portfolio of investments in infrastructure and real estate at global level.










—


Groendus provides services to enterprise customers in the Netherlands to assist with the transition to sustainable energy consumption. Specific services include the rental, sale, installation and maintenance of meters and solar panels, providing advice, measuring energy flows, and supplying renewable energy, and the EnergyMarketPlace (a platform facilitating the purchase and sale of green power directly from producers).






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. 10819 – OMERS / APG / GROENDUS
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.