CELEX: 32021M10253
Language: en
Date: 2021-05-27 00:00:00
Title: Commission Decision of 27/05/2021 declaring a concentration to be compatible with the common market (Case No COMP/M.10253 - COLONY CAPITAL / GOLDMAN SACHS / JAPAN JV) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

EUROPEAN COMMISSION
                                                                Brussels, 27.5.2021
                                                                C(2021) 3942 final
                                                                                 PUBLIC VERSION
                                                                Colony Capital, Inc.
                                                                750 Park of Commerce Drive,
                                                                Suite 210
                                                                Boca Raton, FL, 33487
                                                                United States of America
                                                                The Goldman Sachs Group, Inc.
                                                                200 West Street
                                                                New York, NY, 10282
                                                                United States of America
Subject:        Case M.10253 - COLONY CAPITAL / GOLDMAN SACHS / JAPAN 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 29 April 2021, the European Commission received notification of a proposed
        concentration pursuant to Article 4 of the Merger Regulation by which Colony
        Capital, Inc. (“Colony Capital”, United States of America) and The Goldman Sachs
        Group, Inc. (“Goldman Sachs”, United States of America) intend to acquire within the
        meaning of Articles 3(1)(b) and 3(4) of the Merger Regulation joint control of the
        newly created joint venture Japan JV (Singapore), by way of purchase of shares.3
2.      The business activities of the undertakings concerned are:
              for Colony Capital: management of a global portfolio composed of, amongst
                 other, investments in digital infrastructure, including macro cell towers, data
                 centres, small cell networks and fibre networks,
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 (the ‘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 170, 6.5.2021, p. 10.
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 Goldman Sachs: global investment banking, securities and investment
           management. It provides a range of banking, securities and investment services
           worldwide to a substantial and diversified client base,
        for Japan JV: construction, ownership and operation of green field data
           centres, or the acquisition of data centre assets, in Japan.
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(a) 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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