CELEX: 32015M7528
Language: en
Date: 2015-04-07 00:00:00
Title: Commission Decision of 07/04/2015 declaring a concentration to be compatible with the common market (Case No COMP/M.7528 - CHEUNG KONG HOLDINGS / EVERSHOLT) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

|[pic]                             |EUROPEAN COMMISSION                                                                                      |

                                        Brussels, 09/04/2015
                                        C(2015) 2413 final

                                        [pic]

                                        [pic]

|To the notifying parties:                                              |                                                                       |
|                                                                       |                                                                       |

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

Subject:    Case M.7528 - CHEUNG KONG HOLDINGS/ EVERSHOLT
         Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC) No 139/2004[1] and Article 57 of the Agreement on the
         European Economic Area[2]

 1. On 9 March 2015, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by
    which Cheung Kong (Holdings) Limited (CKH) (Hong Kong) acquires within the meaning of Article 3(1)(b) of the Merger  Regulation  control  of
    the whole of Eversholt Investment Group (Luxembourg) S.à.r.l. and all its subsidiaries (Eversholt) by way of purchase of shares.[3]

 2. The business activities of the undertakings concerned are:

     -      CKH: investment holding, property development and investment, hotels and serviced suites operation, property and project  management,
         investment in infrastructure businesses and securities and ownership and leasing  of  aircraft;  and,  through  its  interests  in  the
         following companies, the following activities:

| i.|Hutchison Whampoa Limited: ports and related services, property and hotels, retail, infrastructure, energy and telecommunications;      |
|   |Cheung Kong Infrastructure Holdings Limited: investment in energy infrastructure, transportation infrastructure, water infrastructure   |
|   |and infrastructure related businesses operating in Hong Kong, mainland China, the United Kingdom, Netherlands, Australia, New Zealand   |
|   |and Canada,                                                                                                                             |
|   |- Eversholt: supply of railway rolling stock and associated equipment under operating leases, as well as associated maintenance         |
|   |services, to TOCs and FOCs operating in Great Britain.                                                                                  |

 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)

                                        Alexander ITALIANER
                                        Director-General

-----------------------
[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 91, 18.3.2015, p. 4.

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

-----------------------
                                                                  PUBLIC VERSION

                                                           SIMPLIFIED MERGER PROCEDURE