CELEX: 32019M9377
Language: en
Date: 2019-06-25 00:00:00
Title: Commission Decision of 25/06/2019 declaring a concentration to be compatible with the common market (Case No COMP/M.9377 - Mira / BCI / iGH) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

EUROPEAN COMMISSION
                                                                Brussels, 25.6.2019
                                                                C(2019) 4927 final
                                                                                 PUBLIC VERSION
                                                                To the notifying parties
Subject:        Case M.9377 - MIRA / BCI / iGH
                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 29 May 2019, the European Commission received notification of a proposed
        concentration pursuant to Article 4 of the Merger Regulation by which the
        undertakings Macquarie Infrastructure and Real Assets (Europe) Limited (“MIRA”,
        Australia), belonging to Macquarie Group Limited (Australia), and British Columbia
        Investment Management Corporation (“BCI”, Canada), acquire within the meaning of
        Article 3(1)(b) of the Merger Regulation joint control of the whole of innogy Grid
        Holdings, a.s. (“iGH”, Czech Republic), currently solely controlled by RWE Czech
        Gas Grid Holding B.V. (Czech Republic) by way of purchase of shares.3
2.      The business activities of the undertakings concerned are:
        —      MIRA focuses on the management of infrastructure and other real assets,
               including real estate, energy and agricultural assets.
        —      BCI invests in fixed income, mortgages, public and private equity, real estate,
               infrastructure and renewable resources.
        —      iGH is a holding company for GasNet, s.r.o. (which operates iGH’s gas
               distribution and gas pipeline system) and GridServices, s.r.o., (which maintains
               the distribution system and gas installations for GasNet) in Czechia.
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 192, 7.6.2019, p. 43.
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(b) 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)
                                                  Johannes LAITENBERGER
                                                  Director-General
4  OJ C 366, 14.12.2013, p. 5.
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