CELEX: 32021M10498
Language: en
Date: 2021-11-22 00:00:00
Title: Commission Decision of 22/11/2021 declaring a concentration to be compatible with the common market (Case No COMP/M.10498 - LIBERTY GLOBAL / INFRAVIA / LIBERTY NETWORKS GERMANY) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

EUROPEAN COMMISSION
                                                                 Brussels, 22.11.2021
                                                                 C(2021) 8558 final
                                                                                 PUBLIC VERSION
                                                                 Liberty Global plc
                                                                 Griffin House
                                                                 161 Hammersmith Road
                                                                 W6 8BS London
                                                                 United Kingdom
                                                                 InfraVia V Invest S.à.r.l.
                                                                 1B Heienhaff
                                                                 1736 Senningerberg
                                                                 Luxembourg
Subject:        Case M.10498 – LIBERTY GLOBAL / INFRAVIA / LIBERTY
                NETWORKS GERMANY
                Commission decision pursuant to Article 6(1)(b) of Council Regulation
                (EC) No 139/20041 and Article 57 of the Agreement on the European
                Economic Area2
Dear Sir or Madam,
1.      On 27 October 2021, the European Commission received notification of a proposed
        concentration pursuant to Article 4 of the Merger Regulation by which Liberty Global
        plc (“Liberty Global”, United Kingdom) and InfraVia V Invest S.à.r.l. (“InfraVia”,
        Luxembourg), controlled by InfraVia Capital Partners S.A.S. (France), intend to
        acquire, within the meaning of Articles 3(1)(b) and 3(4) of the Merger Regulation,
        joint control of Liberty Networks Germany Holding GmbH (“LNG”, Germany). The
        concentration is accomplished by way of purchase of shares in a newly created
        company constituting a joint venture. 3
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 447, 4.11.2021, p. 17.
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--- 2. The business activities of the undertakings concerned are:
        for Liberty Global: owner and operator of cable networks offering television,
           broadband internet, fixed-line voice telephony and mobile telecommunications
           services in several Member States,
        for InfraVia: company held by funds managed by InfraVia Capital Partners
           S.A.S., the management company of investment funds specialized in the
           infrastructure and technology sectors ultimately solely controlled by Mr
           Vincent Levita,
        for LNG: a newly constituted joint venture set up to establish and provide
           fibre-to-the-home internet services in rural districts of several states in
           Germany.
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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