CELEX: 32019M9567
Language: en
Date: 2019-11-28 00:00:00
Title: Commission Decision of 28/11/2019 declaring a concentration to be compatible with the common market (Case No COMP/M.9567 - PGGM / MACQUARIE / GENESEE & WYOMING AUSTRALIA) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

EUROPEAN COMMISSION
                                                                Brussels, 28.11.2019
                                                                C(2019) 8753 final
                                                                                 PUBLIC VERSION
                                                                To the notifying parties
Subject:        Case M.9567 – PGGM / MACQUARIE / GENESEE & WYOMING
                AUSTRALIA
                Commission decision pursuant to Article 6(1)(b) of Council Regulation
                                       1
                (EC) No 139/2004 and Article 57 of the Agreement on the European
                                    2
                Economic Area
Dear Sir or Madam,
1.      On 6 November 2019, the European Commission received notification of a proposed
        concentration pursuant to Article 4 of the Merger Regulation by which PGGM
        Infrastructure Fund (“PGGM”, The Netherlands) belonging to the PGGM group and
        Macquarie Corporate Holdings Pty Limited, (“MCHPL”, Australia) belonging to the
        Macquarie group (“Macquarie”, Australia) acquire within the meaning of Article
        3(1)(b) of the Merger Regulation joint control over the whole of Genesee &Wyoming
        Australia Holdings LP (“GWA”, Australia) by way of purchase of shares.3
2.      The business activities of the undertakings concerned are:
             for PGGM: a global provider of pension fund services, such as pension fund
              management, policy advice and management support,
             for MCHPL: holding and operating company, part of Macquarie Group, a global
              financial group and a provider of investment services in the infrastructure, real
              estate, agriculture and energy markets for institutional investors,
             for GWA: a freight rail operator, active in the provision and operation of freight
              rail transport services in Australia.
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 386, 14.11.2019, p. 28.
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(a) 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)
                                                  Cecilio MADERO VILLAREJO
                                                  Acting Director-General
4  OJ C 366, 14.12.2013, p. 5.
                                              2