CELEX: 32021M10282
Language: en
Date: 2021-06-18 00:00:00
Title: Commission Decision of 18/06/2021 declaring a concentration to be compatible with the common market (Case No COMP/M.10282 - ICG / INFRA GROUP) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

EUROPEAN COMMISSION
                                                                 Brussels, 18.06.2021
                                                                 C(2021) 4632 final
                                                                                   PUBLIC VERSION
                                                                 Intermediate Capital Group plc
                                                                 Procession House, 55 Ludgate Hill,
                                                                 EC4M 7JW London,
                                                                 United Kingdom
Subject:        Case M.10282 ― ICG/Infra Group
                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 26 May 2021, the European Commission received notification of a proposed
        concentration pursuant to Article 4 of the Merger Regulation by which the
        undertaking Intermediate Capital Group plc (“ICG”, United Kingdom) acquires within
        the meaning of Article 3(1)(b) of the Merger Regulation control over the whole of the
        undertaking Infra International NV 3 (“Infra Group”, Belgium) by way of purchase of
        shares. 4
2.      The business activities of the undertakings concerned are:
        −     ICG: a UK-based investment firm, with investments in various companies across
              Europe, Asia Pacific and the US. These companies include inter alia ennit Group,
              a German-based telephony and internet services company which owns and leases
              networks under its brand TNG. Its subsidiaries Stadtnetze Nord and Glasfaser
              Nord provide infrastructure network services necessary for the expansion of
              TNG’s fibre-optic network,
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       While a natural person, Mr Tom Vendelmans, will also hold veto rights which could be considered to
        confer decisive influence over Infra Group, he does not carry out further economic activities on his own
        account or control any other undertaking. As such, he is not considered an undertaking concerned
        acquiring/retaining control pursuant to points 12 and 151 of the Commission Consolidated
        Jurisdictional Notice under Council Regulation (EC) No 139/2004 on the control of concentrations
        between undertakings (OJ C 95, 16.4.2008, p. 1–48).
4       Publication in the Official Journal of the European Union No C 210, 3.6.2021, p. 15.
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---    −    Infra Group: an infrastructure works provider (electricity, water & sewage, gas &
        district heating, telecom, earthmoving, industry, and public lighting). It offers a
        full range of services from design, engineering and installation to the maintenance
        of infrastructure networks. Infra Group is active in Belgium, France, the
        Netherlands and Germany. It is currently envisaged that, at the closing of the
        notified transaction, Infra Group will also have completed the acquisition of the
        Graf group, a German civil engineering company that provides network
        construction services.
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. 5
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
5  OJ C 366, 14.12.2013, p. 5.
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