Prior notification of a concentration (Case M.10947 – ATLAS ARTERIA / OTPP / SKYWAY CONCESSION COMPANY) Candidate case for simplified procedure (Text with EEA relevance) 2022/C 428/12
Date: 2022-11-10
Institutions: Directorate-General for Competition, European Commission
Subjects: Canada, France, Germany, United States, economic concentration, investment company, merger control, pension scheme, road network, teacher, toll








C_2022428EN.01004701.xml










10.11.2022   


EN


Official Journal of the European Union


C 428/47






Prior notification of a concentration
(Case M.10947 – ATLAS ARTERIA / OTPP / SKYWAY CONCESSION COMPANY)
Candidate case for simplified procedure
(Text with EEA relevance)
(2022/C 428/12)

1.   
On 31 October 2022, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1).
his notification concerns the following undertakings:






—


Atlas Arteria (Australia),










—


Ontario Teachers’ Pension Plan (‘OTPP’, Canada),










—


Skyway Concession Company LLC (‘Skyway Concession Company’, USA).




Atlas Arteria and OTPP will acquire within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control of Skyway Concession Company.
The concentration is accomplished by way of purchase of shares.


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






—


Atlas Arteria is a global owner, operator and developer of toll roads. It is an Australian Securities Exchange listed ‘dual stapled vehicle’, which comprises Atlas Arteria Limited and Atlas Arteria International Limited. Together, they have a portfolio comprising four toll roads, of which two in France (APRR and ADELAC), one in Germany (Warnow Tunnel) and one in the United States (Dulles Greenway),










—


OTPP is concerned with the administration of pension benefits and the investment of pension plan assets on behalf of approximately 333 000 active and retired teachers in the Canadian province of Ontario,










—


Skyway Concession Company is the concessionaire of the Chicago Skyway toll road in Chicago, Illinois. It has no activities in the European Economic Area.






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.10947 – ATLAS ARTERIA / OTPP / SKYWAY CONCESSION COMPANY
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.