CELEX: 32021M10287
Language: en
Date: 2021-09-07 00:00:00
Title: Commission Decision of 07/09/2021 declaring a concentration to be compatible with the common market (Case No COMP/M.10287 - PROXIMUS / BESIX / SL / i.LECO) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

EUROPEAN COMMISSION
                                                                 Brussels, 7.9.2021
                                                                 C(2021) 6656 final
                                                                                 PUBLIC VERSION
                                                                 Proximus NV/SA
                                                                 Koning Albert II-laan 27
                                                                 1030 Brussels
                                                                 Belgium
                                                                 N.V. Besix S.A.
                                                                 Avenue des Communautés 100
                                                                 1200 Brussels
                                                                 Belgium
                                                                 Stefan Lodeweyckx
                                                                 Bredabaan 1032
                                                                 2990 Wuustwezel
                                                                 Belgium
Subject:        Case M.10287 — Proximus/Besix/SL/i.Leco
                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
                Economic Area2
Dear Sir or Madam,
1.      On 11 August 2021, the European Commission received notification of a proposed
        concentration pursuant to Article 4 of the Merger Regulation by which Proximus NV
        (“Proximus”, Belgium), N.V. Besix S.A. (“Besix”, Belgium), belonging to the Besix
        Group (Belgium), and Stefan Lodeweyckx (“SL”, Belgium), acquire within the
        meaning of Articles 3(1)(b) and 3(4) of the Merger Regulation joint control over the
        whole of the undertaking i.Leco NV (“JV” or “i.Leco”, Belgium) by way of purchase
        of shares and a subsequent capital increase.3
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 332, 18.08.2021, p. 5.
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--- 2. The business activities of the undertakings concerned are:
       for Proximus: fixed and mobile electronic communication services and networks
        for residential and business customers in Belgium,
       for Besix: construction services, including building works, marine works,
        infrastructure, environmental works, sports and leisure facilities as well as
        industrial building works,
       for SL: a private individual, current Chief Executive Officer (CEO) of i.LECO,
        and
       for i.Leco: development and provision of software and            building energy
        management solutions for the smart building solutions industry.
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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