CELEX: 32022M10555
Language: en
Date: 2022-02-08 00:00:00
Title: Commission Decision of 08/02/2022 declaring a concentration to be compatible with the common market (Case No COMP/M.10555 - ADIA / TRANSURBAN / AUSTRALIANSUPER / CPP INVESTMENTS / WCX) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

EUROPEAN COMMISSION
                                                               Brussels, 8.2.2022
                                                               C(2022) 889 final
                                                                               PUBLIC VERSION
                                                               AustralianSuper
                                                               Level 30, 130 Lonsdale Street
                                                               Melbourne, VIC 3000
                                                               Australia
                                                               CPP Investments
                                                               One Queen Street East
                                                               Suite 2500, Toronto, ON – M5C 2W5
                                                               Canada
                                                               Transurban Holdings Limited
                                                               Level 31, Tower Five, Collins Square, 727
                                                               Collins Street, Docklands
                                                               Victoria 3008, Australia
                                                               Tawreed Investments Limited
                                                               PO Box 709, Willow House
                                                               Cricket Square
                                                               Grand Cayman KY1-1107
                                                               Cayman Islands
Subject:        Case M.10555 – ADIA / TRANSURBAN / AUSTRALIANSUPER / CPP
                INVESTMENTS / WCX
                Commission decision pursuant to Article 6(1)(b) of Council Regulation
                (EC) No 139/20041 and Article 57 of the Agreement on the European
                                    2
                Economic Area
Dear Sir or Madam,
1.      On 14 January 2022, the European Commission received notification of a proposed
        concentration pursuant to Article 4 of the Merger Regulation by which
        AustralianSuper Pty Ltd (“AustralianSuper”, Australia), Canada Pension Plan
        Investment Board (“CPP Investments”, Canada),                      Transurban Holdings Limited
        (“Transurban”, Australia), and Tawreed Investments Limited (“Tawreed”, Cayman
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’).
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---    Islands), ultimately controlled by Abu Dhabi Investment Authority (“ADIA”, UAE),
   acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control
   over the whole of WestConnex (“WCX”, Australia). The concentration is
   accomplished by way of contract or any other means. 3
2. The business activities of the undertakings concerned are:
       for Tawreed: investment company that manages a global investment portfolio and
        focusses on infrastructures assets,
       for AustralianSuper: industry public offer superannuation and pension fund,
       for Transurban: toll road operator that manages and develops urban toll road
        networks in Australia, Canada and the United States,
       for CPP Investments: investment management organisation,
       for WCX: development, maintenance, operation and marketing of toll roads in
        Australia.
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(a) 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
3  Publication in the Official Journal of the European Union No C 31, 21.01.2022, p. 8
4  OJ C 366, 14.12.2013, p. 5.
                                                       2