CELEX: 32021M10354
Language: en
Date: 2021-07-23 00:00:00
Title: Commission Decision of 23/07/2021 declaring a concentration to be compatible with the common market (Case No COMP/M.10354 - MACQUARIE / BEAUPARC UTILITIES) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

EUROPEAN COMMISSION
                                                                Brussels, 23.7.2021
                                                                C(2021) 5639 final
                                                                                 PUBLIC VERSION
                                                                Macquarie European Infrastructure
                                                                Fund 6 ScSp
                                                                Ropemaker Place, 28 Ropemaker St
                                                                London EC2Y9HD
                                                                United Kingdom
Subject:        Case M.10354 ― Macquarie/Beauparc Utilities
                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 29 June 2021, the European Commission received notification of a proposed
        concentration pursuant to Article 4 of the Merger Regulation by which Macquarie
        European Infrastructure Fund 6 ScSp (Luxembourg), controlled by Macquarie
        Infrastructure and Real Assets (Europe) Limited (United Kingdom), a subsidiary of
        Macquarie Group Limited (“Macquarie”, Australia), acquire within the meaning of
        Article 3(1)(b) of the Merger Regulation sole control over Beauparc Utilities Holdings
        Limited (“Beauparc Utilities”, Ireland) by way of purchase of shares.3
2.      The business activities of the undertakings concerned are:
     -    for Macquarie: the provision of banking, financial, advisory, investment and funds
          management services globally,
     -    for Beauparc Utilities: the collection, sorting/processing and treatment of non-
          hazardous waste in Ireland, the UK and the Netherlands, and the
          generation/wholesale and retail supply of electricity and the retail supply of gas in
          Ireland.
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 266, 6.7.2021, p. 11.
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)
                                                  Olivier GUERSENT
                                                  Director-General
4  OJ C 366, 14.12.2013, p. 5.
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