CELEX: 32013M6701
Language: en
Date: 2013-03-25 00:00:00
Title: Commission Decision of 25/03/2013 declaring a concentration to be compatible with the common market (Case No COMP/M.6701 - FERROVIAL / ENTERPRISE) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

Important legal notice

|

32013M6701

Commission Decision of 25/03/2013 declaring a concentration to be compatible with the common market (Case No COMP/M.6701 - FERROVIAL / ENTERPRISE) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)  

          |EUROPEAN COMMISSION      |
             Brussels, 25.03.2013
             PUBLIC VERSION C(2013)1885
             SIMPLIFIED MERGER PROCEDURE
            To the notifying party:  | |
             Dear Madam(s) and/or Sir(s),
             Subject: Case No COMP/M.6701 – FERROVIAL/ ENTERPRISE  Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC) No 139/2004  [1]  
             1. On 25/02/2013, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by which the undertaking Ferrovial, S.A. ("Ferrovial", Spain), through its wholly-owned subsidiary Ferrovial Servicios, S.A. ("Ferrovial Servicios", Spain), acquires within the meaning of Article 3(1)(b) of the  Merger Regulation control of the whole of the undertaking Enterprise plc ("Enterprise", the United Kingdom), ultimately controlled by 3i Group plc ("3i"), by way of purchase of shares [2]   .
             2. The business activities of the undertakings concerned are:
              - for undertaking Ferrovial: supply of support and infrastructure services in the United Kingdom. Ferrovial is active in this market via its wholly-owned subsidiary Amey UK plc.
              - for undertaking Enterprise: provider of infrastructure construction and maintenance services to the public sector and to utility companies in the United Kingdom. 
             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)(i) 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
            [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 C64, 05.03.2013, p.11.
            [3]  OJ C 56, 5.3.2005, p. 32.