CELEX: 32018M8843
Language: en
Date: 2018-03-28 00:00:00
Title: Commission Decision of 28/03/2018 declaring a concentration to be compatible with the common market (Case No COMP/M.8843 - MACQUARIE GROUP / TDC) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

EUROPEAN COMMISSION
                     
                  
               
               Brussels, 28.3.2018
            
            
               C(2018) 2077 final
            
            
               To the notifying party
               
            
               Subject:Case M.8843 – MACQUARIE GROUP / TDC 
                  Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC) No 139/2004
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                and Article 57 of the Agreement on the European Economic Area
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               Dear Sir or Madam,
            
            
               1.On 01 March 2018, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by which DK Telekommunikation ApS, a consortium vehicle (the consortium consisting of MIRACo, PFA Holding, PKA Holding and ATP Holding), acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the undertaking TDC A/S ("TDC", Denmark) by way of a public bid. The consortium is negatively controlled by Macquarie Group Limited ("Macquarie Group", Australia), which will hold post-transaction negative sole control over TDC.
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               2.The business activities of the undertakings concerned are:
            
            
               -for Macquarie Group: a global provider of banking, financial, advisory, investment and funds management services listed on the Australian Stock Exchange;
            
            
               -for TDC: a provider of communications as well as television and home entertainment solutions primarily to residential and business markets in Denmark and 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 paragraph 5(b) of the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004.
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               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
               
         
         
            
                  
                     (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 88, 08.03.2018, p.24.
               
               
                  
                     (4)
                  
                  
                      
                           OJ C 366, 14.12.2013, p. 5.