CELEX: 32020M9940
Language: en
Date: 2020-10-28 00:00:00
Title: Commission Decision of 28/10/2020 declaring a concentration to be compatible with the common market (Case No COMP/M.9940 - AAUK2 / MUL / BALLYHOURA WIND / CCWFL) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

EUROPEAN COMMISSION
                                                                 Brussels, 28.10.2020
                                                                 C(2020) 7587 final
                                                                                PUBLIC VERSION
                                                                 To the notifying parties
Subject:        Case M.9940 – AAUK2 / MUL / BALLYHOURA WIND / CCWFL
                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 5 October 2020, the European Commission received notification of a proposed
        concentration pursuant to Article 4 of the Merger Regulation by which the
        undertakings Arjun Alliance UK 2 LP (“AAUK2” United Kingdom), ultimately
        controlled by AIP Holdings Limited and Mitsubishi UFJ Lease & Finance Company
        Limited (“MUL”, Japan), acquire within the meaning of Article 3(1)(b) of the Merger
        Regulation joint control over the whole of the undertaking Ballyhoura Wind Limited
        (“Ballyhoura Wind”, Ireland) and CCWFL Limited (“CCWFL”, Ireland) by way of
        purchase of shares.3
2.      The business activities of the undertakings concerned are:
             for AAUK2: a limited partnership established in April 2020, ultimately controlled
              by AIP Holdings, an independent infrastructure asset management business
              focusing on partnerships with institutional investors to access direct infrastructure
              investments within the industries of regulated utilities, energy and renewables,
              and transportation,
             for MUL: a multi-service group based in Japan, with activities related to leasing
              and finance, rental, used equipment trading, sales support financing, asset
              management services, consulting services, aviation, real estate, logistics,
              environment and energy, healthcare and infrastructure and investment,
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 338, 12.10.2020, p. 9.
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 Ballyhoura Wind: holds the onshore Ballyhoura Wind wind farm located in
        County Cork, Ireland,
       for CCWFL: holds the onshore Slievecallan wind farm located in County Clare,
        Ireland.
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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