CELEX: 32019M9341
Language: en
Date: 2019-05-14 00:00:00
Title: Commission Decision of 14/05/2019 declaring a concentration to be compatible with the common market (Case No COMP/M.9341 - First State Investments International Limited / Iren S.p.A. / OLT Offshore LNG Toscana S.p.A.) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

EUROPEAN COMMISSION
                                                                Brussels, 14.5.2019
                                                                C(2019) 3781 final
                                                                                      PUBLIC VERSION
                                                                To the notifying parties
Subject:        Case M.9341 – First State Investment International/Iren Mercato/OLT
                Offshore LNG Toscana
                Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC)
                                1                                                                             2
                No 139/2004 and Article 57 of the Agreement on the European Economic Area
Dear Sir or Madam,
1.      On 15 April 2019, the European Commission received notification of a proposed
        concentration pursuant to Article 4 of the Merger Regulation by which First State
        Investments International Limited (“FSI”, the UK) controlled by the Commonwealth Bank
        of Australia, and Iren Mercato S.p.A. (“Iren Mercato”, Italy), belonging to the Iren group,
        acquire within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint
        control over OLT Offshore LNG Toscana S.p.A. (“OLT”, Italy), currently jointly
        controlled by Iren Mercato and Uniper Global Commodities SE (“Uniper”, Germany).
        The concentration is accomplished by way of purchase of shares.3
2.      The business activities of the undertakings concerned are:
             for FSI: manages long-term investments in core infrastructure companies across
              Europe on behalf of numerous clients;
             for Iren Mercato: active in the supply of gas, electricity and heat in Italy;
             for OLT: owns and manages the OLT LNG terminal off the coast of Italy.
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 C146, 26.4.2019, p. 10.
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)
                                                    Johannes LAITENBERGER
                                                    Director-General
4  OJ C 366, 14.12.2013, p. 5.
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