CELEX: 32021M10295
Language: en
Date: 2021-08-03 00:00:00
Title: Commission Decision of 03/08/2021 declaring a concentration to be compatible with the common market (Case No COMP/M.10295 - ORANGE POLSKA / APG / FIBERCO JV) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

EUROPEAN COMMISSION
                                                                 Brussels, 3.8.2021
                                                                 C(2021) 5931 final
                                                                                 PUBLIC VERSION
                                                                 Orange Polska S.A.
                                                                 Al. Jerozolimskie 166
                                                                 02-326 Warsaw
                                                                 Poland
                                                                 APG Asset Management N.V.
                                                                 Gustav Mahlerplein 3
                                                                 1082 MS Amsterdam
                                                                 Netherlands
Subject:        Case M.10295 - ORANGE POLSKA / APG / FIBERCO JV
                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 9 July 2021, the European Commission received notification of a proposed
        concentration pursuant to Article 4 of the Merger Regulation by which Orange Polska
        S.A. ("OPL", Poland) and APG Asset Management N.V. ("APG", Netherlands)
        acquire within the meaning of Articles 3(1)(b) and 3(4) of the Merger Regulation joint
        control over the whole of a newly set up joint venture, Joint venture Światłowód
        Inwestycje sp. z o.o. ("FiberCo", Poland), by way of purchase of shares.3
2.      The business activities of the undertakings concerned are:
             For OPL: the provision of fixed and mobile telecommunications services,
              broadband and Pay-TV services in Poland, and other telecommunications value
              added services,
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 284, 16.07.2021, p.18.
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---        For APG: management of assets for pension funds in various sectors, including
        education, government construction, energy and utility companies, and
        infrastructure investments,
       For FiberCo: expansion and builing of fiber infrastructure in order to offer
        wholesale broadband and superfast broadband access services in less densely
        populated areas in Poland.
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)
                                                  Olivier GUERSENT
                                                  Director-General
4  OJ C 366, 14.12.2013, p. 5.
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