CELEX: 32016M8031
Language: en
Date: 2016-06-02 00:00:00
Title: Commission Decision of 02/06/2016 declaring a concentration to be compatible with the common market (Case No COMP/M.8031 - 3i GROUP / WOOD CREEK / WIRELESS INFRASTRUCTURE GROUP) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

|[pic]                             |EUROPEAN COMMISSION                                                                                      |

                                        Brussels, 02.06.2016
                                        C(2016) 3542 final

                                        [pic]

|To the notifying parties                                               |                                                                       |

Dear Sirs,

Subject:    Case M.8031 – 3i GROUP / WOOD CREEK / WIRELESS INFRASTRUCTURE GROUP
         Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC) No 139/2004[1] and Article 57 of the Agreement on the
         European Economic Area[2]

 1. On 04 May 2016, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation  by
    which which the undertakings 3i Infrastructure plc ("3iN" of Jersey), ultimately controlled by 3i Group plc ("3i" of  the  United  Kingdom),
    and U.S. WIG Holdings LP ("Wood Creek" of the U.S.), ultimately controlled by Massachusetts Mutual Life Insurance Company  ("MassMutual"  of
    the U.S.), acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of UK WIG I Limited  ("WIG"  of  the  United
    Kingdom) by way of purchase of shares..[3]

 2. The business activities of the undertakings concerned are:

      -     for 3i: investments, investment management and management  advice  in  private  equity,  infrastructure  and  debt  management.  3i's
           investments in infrastructure with a focus on utilities, transportation and social infrastructure sectors are primarily through 3iN;

      -     for MassMutual: life insurance and other insurance products;

      -     for Wood Creek: holding company. Wood Creek is controlled by  Wood  Creek  Capital  Management  LLC  ("WCCM"),  which  is  active  as
           investment manager, mainly focussed on private core capital assets and privately owned infrastructure, and in turn is  controlled  by
           MassMutual;

      -     for WIG: management of communication towers and other wireless infrastructure. WIG is currently controlled by Wood Creek.

 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
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[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, 14.05.2016, p. 16.

[4]   OJ C 366, 14.12.2013, p. 5.

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                                                           SIMPLIFIED MERGER PROCEDURE

                                                                  PUBLIC VERSION