CELEX: 32017M8623
Language: en
Date: 2017-10-17 00:00:00
Title: Commission Decision of 17/10/2017 declaring a concentration to be compatible with the common market (Case No COMP/M.8623 - BOREALIS / OTPP / SSE / MAPLE) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

EUROPEAN COMMISSION
                                                                Brussels, 17.10.2017
                                                                C(2017) 7079 final
                                                                    PUBLIC VERSION
                                                                To the Notifying Parties
Subject:        Case M.8623 – BOREALIS / OTPP / SSE / MAPLE
                Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC)
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                No 139/2004 and Article 57 of the Agreement on the European Economic Area
Dear Sir or Madam,
1.      On 18 September 2017, the European Commission received notification of a proposed
        concentration pursuant to Article 4 of the Merger Regulation by which the undertakings
        Borealis Smart Holdings B.V. (the Netherlands), belonging to Borealis European Holdings
        B.V. ("Borealis", the Netherlands) and controlled by Omers Administration Corporation
        ("Omers", Canada), Ontario Limited (Canada), belonging to the Ontario Teachers' Pension
        Plan Board ("OTTP", Canada) and SSE Maple Limited (United Kingdom), belonging to
        SSE plc ("SSE", United Kingdom) acquire within the meaning of Article 3(1)(b) of the
        Merger Regulation joint control over the whole of the undertaking Maple TopCo Limited
        ("Maple", United Kingdom) by way of contract of management.3
2.      The business activities of the undertakings concerned are:
      − Borealis is a manager for Omers. Omers is the administrator of the Ontario Municipal
          Employees Retirement System Primary Pension Plan;
      − SSE is an energy company with operations in the United Kingdom and Ireland;
      − OTPP is the administrator of Canada's largest single-profession pension plan;
      − Maple is active in meter asset provision to energy suppliers in the United Kingdom.
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 327, 29.9.2017, 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(c) 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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