CELEX: 32020M9953
Language: en
Date: 2020-10-28 00:00:00
Title: Commission Decision of 28/10/2020 declaring a concentration to be compatible with the common market (Case No COMP/M.9953 - CALSTRS / ALTITUDE GROUP / AI THD) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

EUROPEAN COMMISSION
                                                                Brussels, 28.10.2020
                                                                C(2020) 7586 final
                                                                                PUBLIC VERSION
                                                                To the notifying parties
Subject:        Case M.9953 — CalSTRS/Altitude Group/AI THD
                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 5 October 2020, the European Commission received notification of a proposed
        concentration pursuant to Article 4 of the Merger Regulation by which Golden
        VinzClortho (“GVC”, USA), controlled by CalSTRS (USA), and Altitude
        Infrastructure Holding (“AIH”, France), controlled by Altitude SAS, the controlling
        company of the Altitude Group (France), acquire within the meaning of Articles
        3(1)(b) and 3(4) of the Merger Regulation joint control over the whole of the
        undertaking Altitude Infrastructure THD (“AI THD” or “the JV”, France) by way of
        purchase of shares.3
2.      The business activities of the undertakings concerned are:
             for GVC: an investment fund controlled by CalSTRS, which is a passive equity
              investor and American pension fund that provides retirement, disability and
              survivor benefits to California's public school educators from prekindergarten
              through to community college;
             for AIH: the holding company of the wholesale telecommunications activities of
              the Altitude Group;
             for the JV: a company active in the fibre development sector in France.
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 338, 12.10.2020, p. 8.
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(c) 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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