CELEX: 32019M9244
Language: en
Date: 2019-02-01 00:00:00
Title: Commission Decision of 01/02/2019 declaring a concentration to be compatible with the common market (Case No COMP/M.9244 - OMERS Infrastructure European Holdings B.V. / Altice France S.A. / SFR FTTH) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

EUROPEAN COMMISSION
                                                                Brussels, 1.2.2019
                                                                C(2019)883 final
                                                                        PUBLIC VERSION
                                                                To the notifying parties:
Subject:        Case M.9244 - OMERS / ALTICE / SFR FTTH
                Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC)
                                1                                                                             2
                No 139/2004 and Article 57 of the Agreement on the European Economic Area
Dear Sir or Madam,
1.      On 10 January 2019, the European Commission received notification of a proposed
        concentration pursuant to Article 4 of the Merger Regulation by which the undertakings
        OMERS Infrastructure European Holdings B.V. (“OMERS Infrastructure”, The
        Netherlands), controlled by OMERS Administration Corporation (“OMERS”), and Altice
        France S.A. (“Altice”, France), controlled by Altice Europe N.V., acquire within the
        meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control of the whole of
        the undertaking SFR FTTH (France), currently controlled by Altice, by way of purchase of
        shares.3
2.      The business activities of the undertakings concerned are:
             for OMERS Infrastructure: infrastructure arm of OMERS, the administrator of the
              Ontario Municipal Employees Retirement System Primary Pension Plan in Canada,
              which invests globally in infrastructure and private equity assets,
             for Altice: the provision of telecoms, content, media, entertainment and advertising
              services,
             for SFR FTTH: the fibre network activity of the electronic communications operator
              exclusively controlled by Altice, SFR S.A., in certain areas of France, outside the high
              density areas as defined by the French electronic communications regulator, the
              Autorité de régulation des communications électroniques et des postes.
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 020, 16.01.2019, p. 11.
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)
                                                    Johannes LAITENBERGER
                                                    Director-General
4  OJ C 366, 14.12.2013, p. 5.
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