CELEX: 32019M9512
Language: en
Date: 2019-11-22 00:00:00
Title: Commission Decision of 22/11/2019 declaring a concentration to be compatible with the common market (Case No COMP/M.9512 - EQT / COLONY CAPITAL / ZAYO) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

EUROPEAN COMMISSION
                                                                Brussels, 22.11.2019
                                                                C(2019) 8625 final
                                                                                 PUBLIC VERSION
                                                                To the notifying parties
Subject:        Case M.9512 – EQT/ COLONY CAPITAL/ ZAYO
                Commission decision pursuant to Article 6(1)(b) of Council Regulation
                                       1
                (EC) No 139/2004 and Article 57 of the Agreement on the European
                                    2
                Economic Area
Dear Sir or Madam,
1.      On 30 October 2019, the European Commission received notification of a proposed
        concentration pursuant to Article 4 of the Merger Regulation by which EQT Fund
        Management S.à r.l. (“EQT”, Luxembourg) and Digital Colony GP, LLC (“Digital
        Colony”, United States) acquire within the meaning of Article 3(1)(b) of the Merger
        Regulation indirect joint control of the whole of Zayo Group Holding, Inc. (“Zayo”,
        United States) by way of purchase of shares.3
2.      The business activities of the undertakings concerned are:
        −     EQT: investment in infrastructure and infrastructure-related assets and businesses
              in primarily Europe and North America,
        −     Digital Colony: investment in digital infrastructure companies. Digital Colony is
              controlled by the global real estate and investment management firm Colony
              Capital, Inc. (United States),
        −     Zayo: provision of communications infrastructure services in Europe and North
              America, including leased dark fibre, private data networks, wavelength
              connections, Ethernet IP connectivity, cloud offerings, colocation services and
              other high-bandwidth offerings.
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 (the ‘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 379, 8.11.2019, p. 5.
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--- 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 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)
                                                  Cecilio MADERO VILLAREJO
                                                  Acting Director-General
4  OJ C 366, 14.12.2013, p. 5.
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