CELEX: 32019M9566
Language: en
Date: 2019-10-18 00:00:00
Title: Commission Decision of 18/10/2019 declaring a concentration to be compatible with the common market (Case No COMP/M.9566 - CK ASSET / CK HUTCHISON / ALBERTA / NORTHUMBRIAN WATER / NORTHUMBRIAN SERVICES / WEST GAS / WESTERN GAS / UK RAIL / DUTCH ENVIRO) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

EUROPEAN COMMISSION
                                                                Brussels, 18.10.2019
                                                                C(2019) 7602 final
                                                                                 PUBLIC VERSION
                                                                To the notifying parties
Subject:        Case M.9566 – CK ASSET / CK HUTCHISON / ALBERTA /
                NORTHUMBRIAN WATER / NORTHUMBRIAN SERVICES / WEST
                GAS / WESTERN GAS / UK RAIL / DUTCH ENVIRO
                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 September 2019, the European Commission received notification of a proposed
        concentration pursuant to Article 4 of the Merger Regulation by which the
        undertakings CK Asset Holdings Limited (“CKA”, Hong Kong) and CK Hutchison
        Holdings Limited (“CKHH”, Hong Kong) acquire within the meaning of Article
        3(1)(b) and 3(4) of the Merger Regulation joint control of the whole of 1822604
        Alberta Ltd (Canada), Northumbrian Water Group Limited (UK), Northumbrian
        Services Limited (UK), West Gas Networks Limited (UK), Western Gas Networks
        Limited (UK), UK Rails S.à r.l. (UK), and Dutch Enviro Energy Holdings B.V. (the
        Netherlands), all controlled by CKHH, by way of contract or any other means.3
2.      The business activities of the undertakings concerned are:
             For CKA: property development and investment, hotel and serviced suite
              operation, property and project management, investment in infrastructure and
              utility asset operation and aircraft leasing.
             For CKHH: ports and related services, retail, infrastructure, energy and
              telecommunications.
             For 1822604 Alberta Ltd: off-airport car parking in Canada.
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 332, 3.10.2019, p. 20.
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 Northumbrian Water Group Limited and Northumbrian Services Limited:
        water supply, sewerage and waste water in England and Wales.
       For West Gas Networks Limited and Western Gas Networks Limited: gas
        distribution network in Wales and the South West of England.
       For UK Rails S.à r.l.: the owner of Eversholt Rail Group, a rolling stock owning
        company in the United Kingdom.
       For Dutch Enviro Energy Holdings B.V.: supply of energy from waste in the
        Netherlands.
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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