CELEX: 32018M8958
Language: en
Date: 2018-09-12 00:00:00
Title: Commission Decision of 12/09/2018 declaring a concentration to be compatible with the common market (Case No COMP/M.8958 - APG / DV4 / Oxford) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

EUROPEAN COMMISSION
                                                                Brussels, 12.9.2018
                                                                C(2018) 6024 final
                                                                    PUBLIC VERSION
                                                                To the notifying parties:
Subject:        Case M.8958 - DV4 / ABP / OMERS / REAL ESTATE JV
                Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC)
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                No 139/2004 and Article 57 of the Agreement on the European Economic Area
Dear Sir or Madam,
1.      On 20 August 2018, the European Commission received notification of a proposed
        concentration pursuant to Article 4 of the Merger Regulation by which Oxford DOOR
        Investor (UK) LLP (‘Oxford’, United Kingdom), DV4 Limited (‘DV4’, British Virgin
        Islands) and Stichting Depositary APG Strategic Real Estate Pool (‘APG’, the
        Netherlands) acquire within the meaning of Articles 3(1)(b) and 3(4) of the Merger
        Regulation joint control over a newly created joint venture to own, develop and manage
        residential real estate to offer for rent at the Middlewood Locks site in Manchester (United
        Kingdom).3 The concentration is accomplished by way of purchase of assets.
2.      The business activities of the undertakings concerned are:
        - for Oxford: part of the wider OMERS Administration Corporation (‘OMERS’) Group.
        OMERS is the administrator of the Ontario Municipal Employees Retirement System
        Primary Pension Plan and trustee of the pension funds. OMERS manages a diversified
        global portfolio of stocks and bonds as well as real estate, private equity and infrastructure
        investments;
        - for DV4: a real estate investment fund;
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 303, 29.08.2018, p. 17
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 APG: a depositary for an investment fund whose ultimate beneficial owner is
   Stichting Pensioenfonds ABP, a pension administration organisation that specialises in the
   field of collective pensions in the public sector
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(c) 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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