CELEX: 32021M10068
Language: en
Date: 2021-01-05 00:00:00
Title: Commission Decision of 05/01/2021 declaring a concentration to be compatible with the common market (Case No COMP/M.10068 - BROOKFIELD / MANSA / POLENERGIA) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

EUROPEAN COMMISSION
                                                                Brussels, 05.01.2021
                                                                C(2021) 68 final
                                                                                 PUBLIC VERSION
                                                                To the notifying parties
Subject:        Case M.10068 – Brookfield/Mansa/Polenergia
                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 3 December 2020, the European Commission received notification of a proposed
        concentration pursuant to Article 4 of the Merger Regulation by which the
        undertakings Brookfield Asset Management Inc. (“Brookfield”, Canada) and Mansa
        Investments Sp. z o.o. (“Mansa”), indirectly controlled by Ms Dominika Kulczyk
        (both of Poland) acquire within the meaning of Article 3(1)(b) and of Article 3(4) of
        the Merger Regulation joint control over parts of the undertaking Polenergia S.A.
        (“Polenergia”, “JV”, Poland), indirectly controlled by Ms Dominika Kulczyk by way
        of purchase of securities.3
2.      The business activities of the undertakings concerned are:
        −     for Brookfield: global asset management focusing on property, renewable power,
              infrastructure and private equity,
        −     for Mansa: a holding company for Ms Dominika Kulczyk (a natural person)
              controlling Polenergia S.A.,
        −     for the JV: production and sale of energy and related activities in a number of
              European countries including Poland and Germany.
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 427, 10.12.2020, p. 12.
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(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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