CELEX: 32022M10679
Language: en
Date: 2022-04-19 00:00:00
Title: Commission Decision of 19/04/2022 declaring a concentration to be compatible with the common market (Case No COMP/M.10679 - TELEFONICA / PONTEGADEA / TELXIUS) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

EUROPEAN COMMISSION
                                                                 Brussels, 19.4.2022
                                                                 C(2022) 2559 final
                                                                                 PUBLIC VERSION
                                                                 Telefónica, S.A.
                                                                 Distrito Telefónica, Edificio Central,
                                                                 Ronda de la Comunicación s/n
                                                                 28050 Madrid
                                                                 Spain
                                                                 Pontegadea Inversiones, S.L.
                                                                 Cantón Grande 4
                                                                 15003 A Coruña
                                                                 Spain
Subject:        Case M.10679 - TELEFÓNICA / PONTEGADEA / TELXIUS
                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 22 March 2022, the European Commission received notification of a proposed
        concentration pursuant to Article 4 of the Merger Regulation by which Telefónica,
        S.A. (‘Telefónica’, Spain) and Pontegadea Inversiones, S.L. (‘Pontegadea’, Spain),
        acquire within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint
        control over the whole of the undertaking Telxius Telecom, S.A. (‘Telxius’, Spain),
        currently jointly controlled by Telefonica and Taurus Bidco S.à.r.l., by way of
        purchase of shares.3
2.      The business activities of the undertakings concerned are:
             for Telefónica: a global telecommunications company which operates fixed and
              mobile telecommunications networks. Telefónica offers mobile, landline, internet
              and television services under a number of brands, including Movistar, O2 and
              Vivo;
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 142, 30.03.2022, p. 18-19.
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 Pontegadea: active mainly in the textile sector and in real estate investments;
       for Telxius: operates an international network of high-capacity submarine fiber
        optic cables, provides direct connectivity to the internet and offers a range of
        capacity services on its network, such as point to point connections with
        dedicated bandwidth.
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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