CELEX: 32020M9708
Language: en
Date: 2020-02-13 00:00:00
Title: Commission Decision of 13/02/2020 declaring a concentration to be compatible with the common market (Case No COMP/M.9708 - EIFFAGE / ATLAS ARTERIA / BLUE ATLAS / PGGM / APRR / ADELAC) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

EUROPEAN COMMISSION
                                                                Brussels, 13.02.2020
                                                                C(2020) 899 final
                                                                                 PUBLIC VERSION
                                                                To the notifying parties
Subject:        Case M.9708 – EIFFAGE / ATLAS ARTERIA / BLUE ATLAS / PGGM /
                APRR / ADELAC
                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 20 January 2020, the European Commission received notification of a proposed
        concentration pursuant to Article 4 of the Merger Regulation by which Eiffage
        (“Eiffage” France), Atlas Arteria (“Atlas Arteria”, Australia), Blue Atlas (“Blue
        Atlas”, Cayman Islands), controlled by ADIA, a government entity owned by the
        Emirate of Abu Dhabi and PGGM (“PGGM”, the Netherlands) acquire within the
        meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control over the
        whole of the undertaking APRR (“APRR”, France) and ADELAC (“ADELAC”,
        France). by way of purchase of shares.3
2.      The business activities of the undertakings concerned are:
          —        Eiffage is active in financing, design, construction and maintenance of
                   projects and infrastructures including motorways concessions and road
                   construction.
          —        Atlas Arteria is a global owner, operator and developer of toll roads.
          —        Blue Atlas owns infrastructure investments and manages a global
                   investement portfolio.
          —        PGGM is a pension fund services provider, specializing in the administration
                   of collective pensions, including asset management.
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 29, 28.01.2020, 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---      —       APRR and ADELAC are two undertakings managing toll moroways and
             other associated services in France.
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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