CELEX: 32019M9245
Language: en
Date: 2019-02-21 00:00:00
Title: Commission Decision of 21/02/2019 declaring a concentration to be compatible with the common market (Case No COMP/M.9245 - Brussels Airport Company NV / Marriott International, Inc. / Airhotel Belgium BVBA) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

EUROPEAN COMMISSION
                                                                Brussels, 21.02.2019
                                                                C(2019) 1597 final
                                                                     PUBLIC VERSION
                                                                To the notifying parties:
Subject:        Case M.9245 – BAC/Marriott/Airhotel BVBA
                Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC)
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                No 139/2004 and Article 57 of the Agreement on the European Economic Area
Dear Sir or Madam,
1.      On 25 January 2019, the European Commission received notification of a proposed
        concentration pursuant to Article 4 of the Merger Regulation, by which the undertakings
        Brussels Airport Company NV (“BAC”, Belgium), jointly controlled by the Ontario’s
        Teachers Pension Plan (“OTTP”, Canada), the Macquarie Group (Australia) and La
        Société Fédérale de Participations et d'Investissement/De Federale Participatie- en
        Investeringsmaatschappij (“SFPI/FPIM”, Belgium), and Marriott International, Inc.
        (“Marriott”, United States of America) acquire within the meaning of Article 3(1)(b) and
        3(4) of the Merger Regulation joint control of Airhotel Belgium BVBA (“Airhotel”,
        Belgium), which owns the hotel Sheraton Brussels Airport, by way of purchase of shares
        and a pre-existing hotel management agreement.3
2.      The business activities of the undertakings concerned are:
             for BAC: the owner and operator of Brussels Airport, an international airport located
              in Zaventem, Belgium,
             for Marriott: a diversified hospitality company, which acts as a manager and
              franchisor of hotels and timeshare properties,
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 39, 1.2.2019, p. 23.
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---        for Airhotel: the owner of the Sheraton Brussels Airport, a hotel located on the
        Brussels Airport site.
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 paragraphs 5(a)
   and 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)
                                                   Johannes LAITENBERGER
                                                   Director-General
4  OJ C 366, 14.12.2013, p. 5.
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