CELEX: 32018M9042
Language: en
Date: 2018-09-07 00:00:00
Title: Commission Decision of 07/09/2018 declaring a concentration to be compatible with the common market (Case No COMP/M.9042 - Keolis / Amey / W&B Rail) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

EUROPEAN COMMISSION
                                                                Brussels, 7.9.2018
                                                                C(2018) 5956 final
                                                                      PUBLIC VERSION
                                                                To the notifying parties:
Subject:        Case M.9042 - KEOLIS / AMEY / W&B RAIL FRANCHISE
                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 09 August 2018, the European Commission received notification of a proposed
        concentration pursuant to Article 4 of the Merger Regulation by which the undertakings
        Keolis (UK) Limited ("Keolis", United Kingdom), ultimately controlled by Société
        nationale des chemins de fer français (SNCF) and Amey Rail Limited ("Amey", United
        Kingdom), ultimately owned by Ferrovial S.A. (Spain) acquire within the meaning of
        Article 3(1)(b) of the Merger Regulation joint control over the whole of the undertaking
        Wales and Borders Rail Franchise ("W&B Rail Franchise", United Kingdom) by way of a
        franchise agreement.3
2.      The business activities of the undertakings concerned are:
             Keolis: provision of public transportation services in 16 countries across the world;
             Amey: provision of infrastructure asset management services to private and public
              sectors mainly in the UK;
             W&B Rail Franchise: provision of passenger rail services across Wales, as well as
              services to destinations in England (on longer distance rail services originating or
              terminating in Wales).
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
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 295, 21.8.2018, p. 5.
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---    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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