CELEX: 32020M9659
Language: en
Date: 2020-03-13 00:00:00
Title: Commission Decision of 13/03/2020 declaring a concentration to be compatible with the common market (Case No COMP/M.9659 - TELIA COMPANY / CAPMAN AIFM / JV) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

EUROPEAN COMMISSION
                                                                Brussels, 13.03.2020
                                                                C(2020) 1749 final
                                                                                 PUBLIC VERSION
                                                                To the notifying parties
Subject:        Case M.9659 – TELIA COMPANY / CAPMAN AIFM / 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 11 February 2020, the European Commission received notification of a proposed
        concentration pursuant to Article 4 of the Merger Regulation by which Telia Company
        AB (publ) (“Telia Company”, Sweden) and CapMan AIFM Oy (“CapMan AIFM”,
        Finland), through CapMan Nordic Infrastructure I SCSP (“CapMan Infra”) and
        belonging to the CapMan group, acquire within the meaning of Articles 3(1)(b) and
        3(4) of the Merger Regulation joint control of a newly created company constituting a
        joint venture (“JV”, Finland). The concentration is accomplished by way of purchase
        of shares in a newly created company constituting a joint venture.3
2.      The business activities of the undertakings concerned are:
             for Telia Company: the provision of mobile and fixed telecommunications
              services, and broadband and television services in Denmark, Estonia, Finland,
              Lithuania, Norway and Sweden, as well as the provision of mobile
              telecommunications services in Latvia and wholesale network access (carrier
              services) worldwide,
             for CapMan AIFM: the management of the investment fund CapMan Infra,
             for the JV: the provision of fixed internet access at wholesale level, namely
              building, owning, operating and maintaining of passive fiber-to-the-home
              (“FTTH”) local networks for single dwelling units (“SDUs”) in Finland, and
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 57, 20.2.2020, p. 9.
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---         certain limited passive fiber-to-the-building (“FTTB”) assets for multi dwelling
        units (“MDUs”) in Finland.
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)
                                                   Olivier GUERSENT
                                                   Director-General
4  OJ C 366, 14.12.2013, p. 5.
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