CELEX: 32014M7103
Language: en
Date: 2014-01-29 00:00:00
Title: Commission Decision of 29/01/2014 declaring a concentration to be compatible with the common market (Case No COMP/M.7103 - USS / OPTRUST / PGGM / GLOBAL VIA INFRAESTRUCTURAS / GLOBALVIA) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

|[pic]                             |EUROPEAN COMMISSION                                                                                      |
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                                        Brussels, 29.1.2014
                                        C(2014) 574 final

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|To the notifying parties:                                   |                                                                         |

Dear Madam(s) and/or Sir(s),

Subject:    Case No COMP/M.7103 - USS / OPTRUST / PGGM / GLOBAL VIA INFRAESTRUCTURAS / GLOBALVIA
         Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC) No 139/2004[1]

1. On 23.12.2013, the European Commission received notification of a proposed concentration pursuant to Article 4 of the  Merger  Regulation  by
   which the undertakings USS Nero Limited (USS, the United Kingdom), OPSEU Pension Plan Trust Fund (OPTrust,  Canada),  PGGM  N.V.  (PGGM,  the
   Netherlands) and Global Vía Infraestructuras, S.A (Global Vía Infraestructuras, Spain), jointly controlled by  Fomento  de  Construcciones  y
   Contratas, S.A., and Bankia S.A., will acquire joint control of Globalvía Inversiones, S.A. (Globalvía, Spain), which  is  currently  jointly
   controlled by OPTrust, PGGM and Global Vía Infraestructuras, by way of contract.

2.    The business activities of the undertakings concerned are:

      -     for USS: private sector pension funds in the United Kingdom;

      -     for OPTrust: pension fund management for the Ontario Public Service Employees Union;

      -     for PGGM: pension fund management in the Netherlands;

      -     for Global Vía Infraestructuras: construction and management of infrastructure concessions;

      -     for Globalvía: construction and management of infrastructure concessions[2].

    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[3].

    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.

                                        For the Commission
                                        Signed
                                        Alexander ITALIANER
                                        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]   Publication in the Official Journal of the European Union No C 8, 11.1.2014, p. 9.

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

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                                                                  PUBLIC VERSION

                                                           SIMPLIFIED MERGER PROCEDURE