CELEX: 32020M9765
Language: en
Date: 2020-03-23 00:00:00
Title: Commission Decision of 23/03/2020 declaring a concentration to be compatible with the common market (Case No COMP/M.9765 - AUSTRALIANSUPER / PEEL GROUP / DWS / PEEL PORTS) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

EUROPEAN COMMISSION
                                                                Brussels, 23.3.2020
                                                                C(2020) 1893 final
                                                                                 PUBLIC VERSION
                                                                To the notifying parties
Subject:        Case M.9765 – AUSTRALIANSUPER / PEEL GROUP / DWS / PEEL
                PORTS
                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 26 February 2020, the European Commission received notification of a proposed
        concentration pursuant to Article 4 of the Merger Regulation by which the
        undertakings AustralianSuper Group (“AustralianSuper”, Australia), DWS Group &
        GmbH Co KgaA (”DWS”, Germany), controlled by Deutsche Bank AG (Germany),
        and Peel Group (“Peel Group”, United Kingdom), acquire within the meaning of
        Article 3(1)(b) and 3(4) of the Merger Regulation joint control over the whole of the
        undertaking Peel Ports Holdings Limited (“Peel Ports”, United Kingdom) by way of
        purchase of shares.3
2.      The business activities of the undertakings concerned are:
             for AustralianSuper: industry and pension fund with primary investments in
              Australia.
             for DWS: asset management company, active globally.
             for Peel Group: investment company with a wide range of interests, including
              property, wind farms and hotels, primarily active in the United Kingdom.
             for Peel Ports: active in the operation of ports, shipping and marine support
              services in various locations including the United Kingdom, Ireland, the
              Netherlands and Australia.
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 72, 05.03.2020, p. 12.
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)
                                                  Olivier GUERSENT
                                                  Director-General
4  OJ C 366, 14.12.2013, p. 5.
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