CELEX: 32020M9783
Language: en
Date: 2020-04-29 00:00:00
Title: Commission Decision of 29/04/2020 declaring a concentration to be compatible with the common market (Case No COMP/M.9783 - EQT / OMERS / DGF / INEXIO) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

EUROPEAN COMMISSION
                                                                Brussels, 29.4.2020
                                                                C(2020) 2913 final
                                                                                PUBLIC VERSION
                                                                To the notifying parties
Subject:        Case M.9783 - EQT / OMERS / DGF / INEXIO
                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 02 April 2020, the European Commission received notification of a proposed
        concentration pursuant to Article 4 of the Merger Regulation by which the
        undertakings EQT Infrastructure IV (Luxembourg), controlled by EQT Fund
        Management S.à.r.l (Luxembourg, “EFMS”) and OMERS Infrastructure European
        Holdings 2 B.V. (Netherlands, “OMERS Infrastructure”), controlled by OMERS
        Administration Corporation (Canada, “OMERS”), acquire within the meaning of
        Article 3(1)(b) and Article 3(4) of the Merger Regulation joint control over the whole
        of (i) Goethe Acquisition GmbH and its subsidiaries comprising the Deutsche
        Glasfaser Group (Germany, “DGF”), and (ii) inexio Beteiligungs GmbH & Co. KGaA
        and inexio Beteiligungs Geschäftsführungs GmbH and its subsidiaries (Germany,
        “Inexio”) by way of purchase of shares.3
2.      The business activities of the undertakings concerned are:
        −     for EQT Infrastructure IV: an investment fund part of the EQT group of private
              equity funds that has investment activities in infrastructure and infrastructure-
              related assets and businesses primarily in Europe and North America.
        −     for OMERS Infrastructure: the European investment platform for infrastructure
              investments for OMERS, which is responsible for the investment and
              administration of pensions for active, deferred and retired employees of
              municipalities, school boards, libraries, police departments and other local
              agencies in Ontario.
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 116, 08.04.2020, p. 20.
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 DGF: the provision of B2C and B2B fixed internet access services
        predominantly to retail and business customers in Germany, predominantly in the
        North Rhine-Westphalia and Lower Saxony areas, as well as the provision of
        IPTV services.
   −    for Inexio: the provision of fixed internet access services in Germany, fibre optic
        network services, cloud technology and hosting solutions for B2B and B2C
        customers with the majority of customers in the Rhineland Palatinate and
        Saarland areas
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)
                                                    Olivier GUERSENT
                                                    Director-General
4  OJ C 366, 14.12.2013, p. 5.
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