CELEX: 32022M10552
Language: en
Date: 2022-01-13 00:00:00
Title: Commission Decision of 13/01/2022 declaring a concentration to be compatible with the common market (Case No COMP/M.10552 - BROOKFIELD / ACEK / BENJUMEA FAMILY / POWEN) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

EUROPEAN COMMISSION
                                                               Brussels, 13.1.2022
                                                               C(2022) 305 final
                                                                               PUBLIC VERSION
                                                               Brookfield Asset Management Inc.
                                                               Level 25, One Canada Square
                                                               London E14 5AA
                                                               United Kingdom
                                                               Acek Solar Energy, S.L.
                                                               Alfonso XII, 16
                                                               28014 Madrid
                                                               Spain
                                                               Benjumea Family
                                                               Gustavo Fernández Balbuena 11,
                                                               entreplanta
                                                               28002 Madrid
                                                               Spain
Subject:        Case M.10552 – BROOKFIELD / ACEK / BENJUMEA FAMILY /
                POWEN
                Commission decision pursuant to Article 6(1)(b) of Council Regulation
                (EC) No 139/20041 and Article 57 of the Agreement on the European
                Economic Area2
Dear Sir or Madam,
1.      On 13 December 2021, the European Commission received notification of a proposed
        concentration pursuant to Article 4 of the Merger Regulation by which Brookfield
        Asset Management, Inc. (“Brookfield”, Canada), Acek Desarrollo y Gestión
        Industrial, S.L. (“Acek”, Spain) and Messrs. José and Rafael Benjumea (the
        “Benjumea Family”, Spain) acquire within the meaning of Article 3(1)(b) and 3(4) of
        the Merger Regulation joint control over the whole of the undertaking Kishoa, S.L.
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’).
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---    (“Powen”, Spain) by way of purchase of shares. Powen is currently jointly controlled
   by Acek and the Benjumea Family.3
2. The business activities of the undertakings concerned are:
       for Brookfield: is a global alternative asset manager owning and operating assets
        with a focus on real estate, renewable power, infrastructure, private equity and
        credit,
       for Acek: is active in steel, automotive components and renewable energy
        services on a global level,
       for the Benjumea Family: is active through Divisadero, S.L. in, inter alia,
        direction and management of subsidiary companies and acquisition and holding
        of shares in other companies,
       for Powen: is active in the business of decentralised solar power generation for
        B2B and B2C self-consumption.
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)
                                                            Olivier GUERSENT
                                                            Director-General
3  Publication in the Official Journal of the European Union No C 518, 22.12.2021, p. 2.
4  OJ C 366, 14.12.2013, p. 5.
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