CELEX: 32019M9396
Language: en
Date: 2019-07-16 00:00:00
Title: Commission Decision of 16/07/2019 declaring a concentration to be compatible with the common market (Case No COMP/M.9396 - CapMan Nordic Infrastructure I SCSp / CBRE Caledon Noah Aggregator LP / Norled AS) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

EUROPEAN COMMISSION
      DG Competition
     Case M.9396 - CAPMAN / CBRE / NORLED
                         Only the English text is available and authentic.
                     REGULATION (EC) No 139/2004
                               MERGER PROCEDURE
                     Article 6(1)(b) NON-OPPOSITION
                                               Date: 16/07/2019
In electronic form on the EUR-Lex website under
                        document number 32019M9396
 ---pagebreak---                                 EUROPEAN COMMISSION
                                                                Brussels, 16.7.2019
                                                                C(2019) 5445 final
                                                                                 PUBLIC VERSION
                                                                To the notifying parties
Subject:        Case M.9396 - CAPMAN / CBRE / NORLED
                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 May 2019, the European Commission received notification of a proposed
        concentration pursuant to Article 4 of the Merger Regulation by which CapMan AIFM
        Oy (“CapMan”, Finland) and CBRE Caledon Capital Management Inc. (“CBRE”,
        Canada) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint
        control of the whole of Norled AS (“Norled”, Norway) (“the proposed acquisition”).
        The proposed acquisition is accomplished by way of purchase of shares.3
2.      The business activities of the undertakings concerned are:
        -    for CapMan: manager of the investment fund CapMan Nordic Infrastructure I
             SCSP (“CapMan Infra”) established in Luxembourg. CapMan is part of CapMan
             Group, a Nordic private assets management and investment company
             headquartered in Helsinki, Finland.
        -    for CBRE: controlling the investment fund CBRE Caledon Noah Aggregator LP
             (“CBRE Caledon”) established in Ontario, Canada. CBRE is an indirect subsidiary
             of CBRE Group, a commercial real estate services and investment firm,
             headquartered in Los Angeles, US.
        -    for Norled: a provider of ferry and express boat services in Norway.
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
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 219, 1.7.2019, p. 5.
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---    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.
                                              2