CELEX: 32020M9507
Language: en
Date: 2020-04-07 00:00:00
Title: Commission Decision of 07/04/2020 declaring a concentration to be compatible with the common market (Case No COMP/M.9507 - SALINI IMPREGILO / ASTALDI) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

EUROPEAN COMMISSION
                                                                Brussels, 7.4.2020
                                                                C(2020) 2257 final
                                                                                 PUBLIC VERSION
                                                                To the notifying party
Subject:        Case M.9507 — SALINI IMPREGILO / ASTALDI
                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 9 March 2020, the European Commission received notification of a proposed
        concentration pursuant to Article 4 of the Merger Regulation by which Salini
        Impregilo S.p.A. (“Salini Impregilo”, Italy) acquires within the meaning of Article
        3(1)(b) of the Merger Regulation control of the whole of Astaldi S.p.A. (“Astaldi”,
        Italy). The concentration is accomplished in two phases: first, the acquisition of
        control will be accomplished through contractual rights arising from an offer
        submitted by Salini Impregilo to Astaldi’s controlling shareholder and, at the end of
        the court-supervised insolvency proceedings, by way of purchase of shares.3
2.      The business activities of the undertakings concerned are:
              for Salini Impregilo: general contractor active in the market for construction
                 services on a global scale, specifically in 10 EU Member States including
                 Italy, Romania and Poland and in other 30 countries outside the EEA;
              for Astaldi: general contractor active in the market for construction services on
                 a global scale, specifically in four EU Member States including Italy, Romania
                 and Poland and in 14 countries outside the EEA.
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
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 90, 19.3.2020, p. 4.
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---    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.
                                              2