CELEX: 32018M8935
Language: en
Date: 2018-06-07 00:00:00
Title: Commission Decision of 07/06/2018 declaring a concentration to be compatible with the common market (Case No COMP/M.8935 - GOLDMAN SACHS / ANTIN INFRASTRUCTURE PARTNERS / CITYFIBRE INFRASTRUCTURE HOLDINGS) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

EUROPEAN COMMISSION
                                                                Brussels, 7.6.2018
                                                                C(2018) 3773 final
                                                                 PUBLIC VERSION
                                                                To the notifying parties
Subject:         Case M.8935 – GOLDMAN SACHS / ANTIN INFRASTRUCTURE
                 PARTNERS / CITYFIBRE INFRASTRUCTURE HOLDINGS
                 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 15 May 2018, the European Commission received notification of a proposed
        concentration pursuant to Article 4 of the Merger Regulation by which the undertakings
        Goldman Sachs Group Inc. ('Goldman Sachs', United States) and Antin Infrastructure
        Partners ('AIP', France) acquire within the meaning of Article 3(1)(b) of the Merger
        Regulation joint control over the whole of the undertaking Cityfibre Infrastructure
        Holdings ('CityFibre', United Kingdom) by way of a public bid.3
2.      The business activities of the undertakings concerned are:
        −     for Goldman Sachs: global investment banking, securities and investment management
              firm that provides a range of banking, securities and investment services;
        −     for AIP: private equity firm focused on infrastructure investments, specifically in the
              energy & environment, telecom, transport, and social infrastructure sectors;
        −     for CityFibre: wholesale operator of fibre networks in towns and cities in the UK
              outside London. CitiyFibre is listed on AIM, the London Stock Exchange’s
              international market for smaller companies seeking access to growth capital.
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 174, 23.5.2018, p. 18.
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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