CELEX: 32014M7197
Language: en
Date: 2014-04-15 00:00:00
Title: Commission Decision of 15/04/2014 declaring a concentration to be compatible with the common market (Case No COMP/M.7197 - AMP / ARCUS / PSP / ALPHA) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

|[pic]                             |EUROPEAN COMMISSION                                                                                      |
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                                        Brussels, 15.04.2014
                                        C(2014) 2684 final

|To the notifying parties:                                          |                                                                   |
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Dear Madam(s) and/or Sir(s),

Subject:    Case M.7197 – AMP/ ARCUS/ PSP/ ALPHA
         Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC) No 139/2004[1]

   1. On 13.03.2014, the European Commission received notification of a proposed concentration pursuant to Article 4 of Council  Regulation  (EC)
      No 139/2004 by which AMP Capital Investors Limited (“AMP”, Australia), Public Sector Pension Investment Board  (“PSP”,  Canada)  and  Arcus
      European Infrastructure Fund GP LLP (“Arcus”, the United Kingdom) will acquire  within  the  meaning  of  Article  3(1)(b)  of  the  Merger
      Regulation joint control of Alpha Trains (Luxembourg) Holdings Sàrl and its subsidiaries (“Alpha  Trains”,  Luxemburg),  currently  jointly
      controlled by Arcus and PSP, by way of purchase of shares[2].

   2. The business activities of the undertakings concerned are:

      – AMP: an Australian investment house operating across a broad range of asset classes worldwide;

      – PSP: a Canadian pension investment manager with a diversified global portfolio;

      – Arcus: an independent fund manager specialising in European infrastructures;

      – Alpha Trains: a specialist train leasing company providing rolling stock to both public and private operators in a  number  of  countries
        across continental Europe.

 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[3].

 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.

                                        For the Commission
                                        (signed)
                                        Alexander ITALIANER
                                        Director General
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[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]         Publication in the Official Journal of the European Union No C 086, 25.03.2014, p.6.

[3]   OJ C 366, 14.12.2013, p. 5.

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                                                                  PUBLIC VERSION

                                                           SIMPLIFIED MERGER PROCEDURE