CELEX: 32019M9528
Language: en
Date: 2019-09-26 00:00:00
Title: Commission Decision of 26/09/2019 declaring a concentration to be compatible with the common market (Case No COMP/M.9528 - Macquarie Infrastructure and Real Assets (Europe) Limited / Currenta GmbH & Co OHG) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

EUROPEAN COMMISSION
                                                                Brussels, 26.9.2019
                                                                C(2019) 7092 final
                                                                                PUBLIC VERSION
                                                                To the notifying party
Subject:         Case M.9528 – MACQUARIE INFRASTRUCTURE AND REAL ASSETS
                 / CURRENTA
                 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 4 September 2019, the European Commission received notification of a proposed
        concentration pursuant to Article 4 of the Merger Regulation by which InfraChem
        Holdings S.a r.l. (“InfraChem”, Luxembourg), controlled by Macquarie Infrastructure
        and Real Assets (Europe) Limited (“MIRA”) belonging to Macquarie Group Limited
        (“Macquarie Group”, Australia) acquires within the meaning of Article 3(1)(b) of the
        Merger Regulation control over the whole of Currenta Geschäftsführungs-GmbH
        (“Currenta GF”, Germany) and its subsidiary Currenta GmbH & Co OHG
        (“Currenta”, Germany), by way of purchase of shares.3
2.      The business activities of the undertakings concerned are:
        −     MIRA focuses on the management of infrastructure and other real assets,
              including real estate, energy and agriculture. MIRA is a wholly-owned subsidiary
              of Macquarie Group, which is a global provider of banking, financial, advisory,
              investment and fund management services listed on the Australian stock
              exchange,
        −     Currenta and Currenta GF manage and operate integrated chemical parks with
              sites in 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 308, 12.09.2019, p. 3.
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(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)
                                                  Cecilio MADERO VILLAREJO
                                                  Acting Director-General
4  OJ C 366, 14.12.2013, p. 5.
                                              2