CELEX: 32021M10183
Language: en
Date: 2021-03-16 00:00:00
Title: Commission Decision of 16/03/2021 declaring a concentration to be compatible with the common market (Case No COMP/M.10183 - AUSTRALIANSUPER / CPPIB / TRANSURBAN / TRANSURBAN CHESAPEAKE) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

EUROPEAN COMMISSION
                                                              Brussels, 16.03.2021
                                                              C(2021) 1896 final
                                                                                PUBLIC VERSION
                                                              AustralianSuper Pty Ltd
                                                              Level 33, 50 Lonsdale Street
                                                              VIC 3000 – Melbourne
                                                              Australia
                                                              Canada Pension Plan Investment Board
                                                              One Queen Street East
                                                              Suite 2500
                                                              M5C 2W5 – Toronto, ON
                                                              Canada
                                                              Transurban International Ltd.
                                                              Level 31, Tower Five, Collins Square
                                                              727 Collins Street
                                                              Docklands Victoria 3008
                                                              Australia
Subject:        Case M.10183 – AUSTRALIANSUPER / CPPIB / TRANSURBAN /
                TRANSURBAN CHESAPEAKE
                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 22 February 2021, the European Commission received notification of a proposed
        concentration pursuant to Article 4 of the Merger Regulation by which
        AustralianSuper Pty Ltd as trustee of AustralianSuper (“AustralianSuper”, Australia),
        Canada Pension Plan Investment Board (“CPPIB”, Canada) and Transurban
        International Ltd (“Transurban”, Australia) acquire within the meaning of Article
        3(1)(b) and 3(4) of the Merger Regulation joint control of the whole of Transurban
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’).
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---    Chesapeake LLC (“Transurban Chesapeake”, USA), controlled by Transurban, by
   way of purchase of shares.3
2. The business activities of the undertakings concerned are:
       for AustralianSuper: Australia’s largest industry superannuation and pension
        fund. Headquartered in Melbourne, it has primarily invested in Australia but has
        in recent years expanded its global investment activities,
       for CPPIB: an investment management organization that invests the funds
        transferred to it by the Canada Pension Plan. CPPIB principally invests in public
        equities, private equities, real estate, infrastructure and fixed income investments
        at global level,
       for Transurban: a toll road operator company that manages and develops urban
        toll road networks in Australia, Canada and the United States. It is listed on the
        Australian Securities Exchange,
       for Transurban Chesapeake: company engaged in the development, maintenance,
        operation and marketing of toll roads in the greater Washington, D.C., area of the
        USA.
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
3  Publication in the Official Journal of the European Union No C 71, 1.3.2021, p. 64.
4  OJ C 366, 14.12.2013, p. 5.
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