CELEX: 32020M10051
Language: en
Date: 2020-12-11 00:00:00
Title: Commission Decision of 11/12/2020 declaring a concentration to be compatible with the common market (Case No COMP/M.10051 - ALLIANZ SE / TEF INFRA / UGG) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

EUROPEAN COMMISSION
                                                                Brussels, 11.12.2020
                                                                C(2020) 9227 final
                                                                                PUBLIC VERSION
                                                                To the notifying parties
Subject:        Case M.10051 – ALLIANZ SE / TEF INFRA / UGG
                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 18 November 2020, the European Commission received notification of a proposed
        concentration pursuant to Article 4 of the Merger Regulation by which Allianz SE
        (“Allianz”, Germany) and Telefónica Infra, S.L.U. (“TEF Infra”, Spain), indirectly
        acquire within the meaning of Articles 3(1)(b) and 3(4) of the Merger Regulation joint
        control over the whole of Unsere Grüne Glasfaser GmbH & Co. KG (“UGG”,
        Germany), currently solely controlled by TEF Infra, by way of purchase of shares.3
2.      The business activities of the undertakings concerned are:
             − for Allianz: ultimate parent company of the Allianz group. The Allianz group
                 offers a comprehensive range of insurance and asset management products and
                 services to both private and corporate customers in more than 70 countries.
             − for TEF Infra: on behalf of the Telefónica Group, management and
                 monetisation of a portfolio of assets, focusing on the development and
                 monetisation of towers, distributed antenna systems, data centres (including
                 EDGE), and greenfield fibre and subsea cable projects, among others.
             − for UGG: the design, roll-out, operation and marketing of FTTH fibre optic
                 networks in defined rural and semi-rural areas within Germany.
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 403, 26.11.2020, p. 11.
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--- 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(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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