CELEX: 32021M10369
Language: en
Date: 2021-08-11 00:00:00
Title: Commission Decision of 11/08/2021 declaring a concentration to be compatible with the common market (Case No COMP/M.10369 - APG / STOCKHOLMS STADSHUS / STOCKHOLM EXERGI HOLDING) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

EUROPEAN COMMISSION
                                                                 Brussels, 11.08.2021
                                                                 C(2021) 6065 final
                                                                                 PUBLIC VERSION
                                                                 APG Asset Management N.V.
                                                                 Gustav Mahlerplein 3
                                                                 1082MS Amsterdam, Noord-Holland
                                                                 Netherlands
                                                                 Stockholms Stadshus AB
                                                                 Stadshuset, 3rd Floor
                                                                 105 35 Stockholm
                                                                 Sweden
Subject:         Case M.10369 — APG/Stockholms Stadshus/Stockholm Exergi Holding
                 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 19 July 2021, the European Commission received notification of a proposed
        concentration pursuant to Article 4 of the Merger Regulation by which APG Asset
        Management N.V., (‘APG’, Netherlands) and Stockholms Stadshus AB (‘Stockholms
        Stadshus’, Sweden) intend to acquire within the meaning of Article 3(1)(b) and 3(4) of
        the Merger Regulation joint control over Stockholm Exergi Holding AB (publ)
        (‘Stockholm Exergi Holding’, Sweden), currently controlled by Stockholms Stadshus
        and Fortum Oyj (Finland), by way of purchase of shares in a newly created company
        constituting a joint venture.3
2.      The business activities of the undertakings concerned are:
             for APG: a pension provider, active in the provision of executive consultancy,
              asset      management         (including      assets    within     energy       and   utilities,
              telecommunications, and transport infrastructure), pension administration,
              pension communication and employer services,
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 (the ‘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 299, 27.7.2021, p. 17.
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 Stockholms Stadshus: active in rental housing, school properties, care homes,
        exhibition properties and sports/entertainment arenas, water supply and waste
        services, port facilities, district heating and fiber networks, life insurance and non-
        life insurance,
       for Stockholm Exergi Holding: active in the production and supply of district
        heating and district cooling for corporate and residential customers across seven
        municipalities within Stockholm County, production and sale of electricity, waste
        handling and sorting and the procurement of fuel.
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
4  OJ C 366, 14.12.2013, p. 5.
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