CELEX: 32015M7539
Language: en
Date: 2015-03-27 00:00:00
Title: Commission Decision of 27/03/2015 declaring a concentration to be compatible with the common market (Case No COMP/M.7539 - GIP II / ACS / DEVCO) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

|[pic]                             |EUROPEAN COMMISSION                                                                                      |

                                        Brussels, 27/03/2015
                                        C(2015) 2276 final

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|To the notifying parties:                                                                                                                                          |  |
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Dear Madam(s) and/or Sir(s),

Subject:    Case M.7539 - GIP II/ ACS/ DEVCO
         Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC) No 139/2004[1] and Article 57 of the Agreement on the
         European Economic Area[2]

1.    On 4 March 2015, the European Commission received notification of a proposed concentration pursuant to Article 4 of the  Merger  Regulation
      by which Global Infrastructure Management, LLC of the United States of America ("GIP") via its fund Global Infrastructure Partners II,  and
      ACS, Servicios, Comunicaciones y Energía, S.L. of Spain ("ACS") will acquire within the meaning of Article 3(1)(b) and 3(4) of  the  Merger
      Regulation joint control of the DevCo limited liability company ("DevCo", Spain) by way of purchase of shares in a  newly  created  company
      constituting a joint venture.[3]

2.    The business activities of the undertakings concerned are:

  -   GIP is an independent infrastructure fund manager. GIP’s equity funds  invest  in  high  quality  infrastructure  assets  in  the  energy,
       transport and water/waste sectors. GIP's funds invest in equity and  equity-related  investments  in  infrastructure  and  infrastructure-
       related assets in the transportation, energy, water, waste and other public service sectors;

  -   ACS is active in a wide range of applied engineering services related to the  development,  construction,  maintenance  and  operation  of
       energy in the following areas: energy, oil & gas, mining, water treatment, hydroelectric, industrial and mobility infrastructures;

  -   DevCo will be active in the development, construction and operation of renewable energy assets.

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)
                                        Alexander ITALIANER
                                        Director-General

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[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 084, 12.03.2015, p. 6.

[4]   OJ C 366, 14.12.2013, p. 5.

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                                                                  PUBLIC VERSION

                                                           SIMPLIFIED MERGER PROCEDURE