CELEX: 32019M9351
Language: en
Date: 2019-05-07 00:00:00
Title: Commission Decision of 07/05/2019 declaring a concentration to be compatible with the common market (Case No COMP/M.9351 - DIF Management B.V / Macquarie / Green Investment Group Limited / Covanta Holding Corporation) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

EUROPEAN COMMISSION
                                                                Brussels, 07.05.2019
                                                                C(2019) 3627 final
                                                                                      PUBLIC VERSION
                                                                To the notifying parties
Subject:        Case M.9351 – DIF/Green Investment Group/Covanta/Dublin Waste-to-energy
                facility
                Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC)
                                1                                                                             2
                No 139/2004 and Article 57 of the Agreement on the European Economic Area
Dear Sir or Madam,
1.      On 9 April 2019, the European Commission received notification of a proposed
        concentration pursuant to Article 4 of the Merger Regulation by which DIF Infra 5 UK
        Limited ("DIF"), controlled by DIF Management Holding BV (the Netherlands), Green
        Investment Group Investments Limited ("GIG", UK), controlled by Macquarie Group
        Limited (Australia) and Covanta Holding 3 UK Limited ("Covanta"), controlled by
        Covanta Holding Corporation (USA), acquire within the meaning of Article 3(1)(b) and
        3(4) of the Merger Regulation joint control over the Dublin Waste-to-energy facility
        (Ireland) currently jointly controlled by Covanta and GIG.
        The concentration is accomplished by way of purchase of shares.3
2.      The business activities of the undertakings concerned are:
             DIF is an infrastructure investment fund;
             GIG specialises in green energy principal investment, project delivery and portfolio
              management and related services;
             Covanta is primarily involved in the waste disposal and energy sectors;
             The Dublin Waste-to energy facility is active in the disposal of waste and generation
              of electricity.
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 C140, 16.4.2019, p. 11.
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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