CELEX: 32019M9242
Language: en
Date: 2019-02-06 00:00:00
Title: Commission Decision of 06/02/2019 declaring a concentration to be compatible with the common market (Case No COMP/M.9242 - Ares Management, Corporation, USA / Electricité de France SA / Real estate asset) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

EUROPEAN COMMISSION
                                                                Brussels, 6.2.2019
                                                                C(2019) 1008 final
                                                                    PUBLIC VERSION
                                                                To the notifying parties:
Subject:        Case M.9242 - EDF/Ares/Real estate asset
                Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC)
                                1                                                                          2
                No 139/2004 and Article 57 of the Agreement on the European Economic Area
Dear Sir or Madam,
1.      On 14 January 2019, the European Commission received notification of a proposed
        concentration pursuant to Article 4 of the Merger Regulation, by which Electricité de
        France SA (‘EDF’, France) and Ares Management Corporation (‘Ares’, United States of
        America) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint
        control of a real estate asset located in Düsseldorf (Germany), by way of purchase of
                3
        assets.
2.      The business activities of the undertakings concerned are:
        - for EDF: integrated energy company active in the generation, transmission,
             distribution, supply, and trading of energies in France and internationally,
        - for Ares: global alternative asset manager, investing, inter alia, in real estate, and
             holding residential, retail, office and industrial properties in Europe,
        - for the real estate asset: office complex located in Düsseldorf, 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
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 22, 18.01.2018, p. 11.
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---    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)
                                                   Johannes LAITENBERGER
                                                   Director-General
4  OJ C 366, 14.12.2013, p. 5.
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