CELEX: 32020M9801
Language: en
Date: 2020-05-29 00:00:00
Title: Commission Decision of 29/05/2020 declaring a concentration to be compatible with the common market (Case No COMP/M.9801 - ALLIANZ / OMERS INFRASTRUCTURE / T&R JV) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

EUROPEAN COMMISSION
                                                                Brussels, 29.5.2020
                                                                C(2020) 3620 final
                                                                                 PUBLIC VERSION
                                                                To the notifying parties
Subject:        Case M.9801 — Allianz/OMERS Infrastructure/T&R JV
                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 5 May 2020, the European Commission received notification of a proposed
        concentration pursuant to Article 4 of the Merger Regulation by which Allianz Capital
        Partners GmbH (‘ACP’, Germany) belonging to the group Allianz SE (Germany), and
        Borealis Turtle Investments BV (‘Borealis’, the Netherlands) wholly owned by
        OMERS Administration Corporation (‘OMERS’, Canada) acquire within the meaning
        of Article 3(1)(b) and Article 3(4) of the Merger Regulation joint control of the whole
        of Autobahn Tank & Rast Gruppe GmbH & Co KG (‘T&R’, Germany).3 The
        concentration results from an amendment in the governance principles of T&R.
2.      The business activities of the undertakings concerned are:
        −     ACP is a wholly-owned subsidiary of Allianz SE, the ultimate parent company of
              the Allianz Group. The Allianz Group offers a comprehensive range of insurance
              and asset management products and services to both private and corporate
              customers in more than 70 countries. Pre-transaction, Allianz had sole control
              over T&R,
        −     Borealis is the managing holding entity of the T&R investment on behalf of
              OMERS, the administrator of the Ontario Municipal Employees Retirement
              System Primary Pension Plan and the ultimate parent company of the OMERS
              group, one of Canada’s largest defined benefit pension plans. OMERS’
              shareholding in T&R has not changed post-transaction,
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 160, 11.5.2020, p. 17-18.
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---    −    T&R is a provider of food services, retail goods, hotel accommodation and fuel
        on German motorways.
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)
                                                  Olivier GUERSENT
                                                  Director-General
4  OJ C 366, 14.12.2013, p. 5.
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