CELEX: 32019M9511
Language: en
Date: 2019-09-24 00:00:00
Title: Commission Decision of 24/09/2019 declaring a concentration to be compatible with the common market (Case No COMP/M.9511 - MACQUARIE INFRASTRUCTURE AND REAL ASSETS (EUROPE) LIMITED / Ocean Breeze Energy GmbH & Co. KG and Perikles 20092 Vermögensverwaltung GmbH) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

EUROPEAN COMMISSION
                                                                Brussels, 24.09.2019
                                                                C(2019) 6962 final
                                                                                 PUBLIC VERSION
                                                                To the notifying party
Subject:        Case M.9511 – MACQUARIE GROUP/ OCEAN BREEZE ENERGY
                AND PERIKLES
                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 30 August 2019, the European Commission received notification of a proposed
        concentration pursuant to Article 4 of the Merger Regulation by which the
        undertaking Sage Holdings S.à.r.l. (Luxembourg), ultimately indirectly controlled by
        Macquarie Group Limited ("Macquarie", Australia), acquires within the meaning of
        Article 3(1)(b) of the Merger Regulation sole control over the whole of the
        undertakings Ocean Breeze Energy GmbH & Co. KG and Perikles 20092
        Vermögensverwaltung GmbH (jointly referred to as the "Target", Germany) by way
        of purchase of shares.3
2.      The business activities of the undertakings concerned are:
             for Macquarie: global provider of banking, financial, advisory, investment and
              fund management services,
             for the Target: owns and operates (i) the offshore wind farm Bard Offshore 1
              consisting of 80 wind turbine generators, its transformer station and the inner-
              array cabling, (ii) the jack-up barge Wind Lift I and (iii) the onshore wind farm
              Rysumer Nacken, consisting of two wind turbine generators.
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 304, 09.9.2019, p. 6.
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)
                                                  Cecilio MADERO VILLAREJO
                                                  Acting Director-General
4  OJ C 366, 14.12.2013, p. 5.
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