CELEX: 32020M9901
Language: en
Date: 2020-08-21 00:00:00
Title: Commission Decision of 21/08/2020 declaring a concentration to be compatible with the common market (Case No COMP/M.9901 - GIG SOLAR / SIEMENS / JV) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

EUROPEAN COMMISSION
                                                                Brussels, 21.08.2020
                                                                C(2020) 5841 final
                                                                                 PUBLIC VERSION
                                                                To the notifying parties
Subject:        Case M.9901 — GIG Solar/Siemens/JV
                Commission decision pursuant to Article 6(1)(b) of Council Regulation
                                       1
                (EC) No 139/2004 and Article 57 of the Agreement on the European
                                    2
                Economic Area
Dear Sir or Madam,
1.      On 30 July 2020, the European Commission received notification of a proposed
        concentration pursuant to Article 4 of the Merger Regulation by which the
        undertakings GIG Solar Holdco, LLC (“GIG Solar”, USA), an indirectly wholly
        owned subsidiary of Macquarie Group Limited together with its subsidiaries,
        (“Macquarie”), and Siemens Aktiengesellschaft (“Siemens”, Germany) acquire within
        the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control over a
        newly created joint venture MSS Energy Holdings, LLC (“JV”, USA) by way of
        purchase of shares.3
2.      The business activities of the undertakings concerned are:
             for GIG Solar: GIG Solar is a green infrastructure company; Macquarie is a
              global provider of banking, financial, advisory, investment, and funds
              management services,
             for Siemens: Siemens’ main areas of business activity are electrification,
              automation and digitalization,
             for the JV: origination, development, delivery and financing of “energy as a
              service” projects in the USA.
3.      After examination of the notification, the European Commission has concluded that
        the notified operation falls within the scope of the Merger Regulation and of
1       OJ L 24, 29.1.2004, p. 1 (the ‘Merger Regulation’). With effect from 1 December 2009, the Treaty on
        the Functioning of the European Union (‘TFEU’) has introduced certain changes, such as the
        replacement of ‘Community’ by ‘Union’ and ‘common market’ by ‘internal market’. The terminology
        of the TFEU will be used throughout this decision.
2       OJ L 1, 3.1.1994, p. 3 (the ‘EEA Agreement’).
3       Publication in the Official Journal of the European Union No C 257, 5.8.2020, p. 2.
Commission européenne, DG COMP MERGER REGISTRY, 1049 Bruxelles, BELGIQUE
Europese Commissie, DG COMP MERGER REGISTRY, 1049 Brussel, BELGIË
Tel: +32 229-91111. Fax: +32 229-64301. E-mail: COMP-MERGER-REGISTRY@ec.europa.eu.
 ---pagebreak---    paragraph 5(a) of the Commission Notice on a simplified procedure for treatment of
   certain concentrations under Council Regulation (EC) No 139/2004.4
4. For the reasons set out in the Notice on a simplified procedure, the European
   Commission has decided not to oppose the notified operation and to declare it
   compatible with the internal market and with the EEA Agreement. This decision is
   adopted in application of Article 6(1)(b) of the Merger Regulation and Article 57 of
   the EEA Agreement.
                                                  For the Commission
                                                  (Signed)
                                                  Olivier GUERSENT
                                                  Director-General
4  OJ C 366, 14.12.2013, p. 5.
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