CELEX: 32022M10569
Language: en
Date: 2022-02-04 00:00:00
Title: Commission Decision of 04/02/2022 declaring a concentration to be compatible with the common market (Case No COMP/M.10569 - KKR / GIP / CYRUSONE) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

EUROPEAN COMMISSION
                                                                 Brussels, 04/02/2022
                                                                 C(2022) 795 final
                                                                                 PUBLIC VERSION
                                                                 KKR & Co
                                                                 30 Hudson Yards
                                                                 New York, NY 10001
                                                                 United States of America
                                                                 Global Infrastructure Management,
                                                                 LLC
                                                                 1345 Avenue of the Americas, 30th
                                                                 Floor,
                                                                 New York, NY 10105,
                                                                 United States of America
Subject:        Case M.10569 – KKR / GIP / CYRUSONE
                Commission decision pursuant to Article 6(1)(b) of Council Regulation
                (EC) No 139/20041 and Article 57 of the Agreement on the European
                Economic Area2
Dear Sir or Madam,
1.      On 12 January 2022, the European Commission received notification of a proposed
        concentration pursuant to Article 4 of the Merger Regulation by which KKR & Co.
        Inc. (“KKR”, USA) and Global Infrastructure Management, LLC (“GIP”, USA)
        acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control
        over the whole of the undertaking CyrusOne, Inc. (“CyrusOne”, USA) by way of
        purchase of shares.3
2.      The business activities of the undertakings concerned are:
               for KKR: a global investment firm that offers alternative asset management
                  and capital markets and insurance solutions;
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 40, 26.01.2022, p. 14.
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---          for GIP: an independent infrastructure fund manager investing in and
            managing assets that are mainly in the transportation, energy, waste and water
            sectors;
         for CyrusOne: a real estate investment trust that owns, operates and develops
            enterprise-class, carrier-neutral, multi-tenant and single-tenant data centre
            properties in the US and Europe.
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
   paragraph 5(b) 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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