CELEX: 32018M9100
Language: en
Date: 2018-10-11 00:00:00
Title: Commission Decision of 11/10/2018 declaring a concentration to be compatible with the common market (Case No COMP/M.9100 - CK Asset Holdings Limited / CK Infrastructure Holdings Limited / APA) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

EUROPEAN COMMISSION
                                                                Brussels, 11.10.2018
                                                                C(2018) 6832 final
                                                                          PUBLIC VERSION
                                                                To the notifying parties:
Subject:        Case M.9100 – CK ASSET HOLDINGS / CK INFRASTRUCTURE
                HOLDINGS / APA
                Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC)
                                1                                                                             2
                No 139/2004 and Article 57 of the Agreement on the European Economic Area
Dear Sir or Madam,
1.      On 19 September 2018, the European Commission received notification of a proposed
        concentration pursuant to Article 4 of the Merger Regulation by which the undertakings
        CK Asset Holdings Limited ("CKA" of Hong Kong) and CK Infrastructure Holdings
        Limited ("CKI", of Hong Kong), controlled by CK Hutchinson Holdings Limited, acquire,
        within the meaning of Article 3(1)(b) of the Merger Regulation, joint control over the
        whole of APA (of Australia) comprising of Australian Pipeline Trust ("APT", of Australia)
        and APT Investment Trust ("APTIT" of Australia) by way of purchase of securities.3
2.      The business activities of the undertakings concerned are:
        –        CKA is a multinational corporation with diverse activities including, inter alia,
                 property development and investment, property and project management,
                 infrastructure and utility asset operation;
        –        CKI is a global infrastructure company that has diversified investments in energy
                 infrastructure, transportation infrastructure, water infrastructure, waste
                 management, waste-to-energy, household infrastructure and infrastructure related
                 businesses;
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 344, 26.9.2018, 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---    –       APA is an owner and operator of natural gas transportation and energy
           infrastructure assets across Australia. Its activities include gas transmission, gas
           storage and processing, gas-fired and renewable energy power generation, and
           energy investments.
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(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
                                                    Johannes LAITENBERGER
                                                    Director-General
4  OJ C 366, 14.12.2013, p. 5.
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