CELEX: 32021M10420
Language: en
Date: 2021-08-30 00:00:00
Title: Commission Decision of 30/08/2021 declaring a concentration to be compatible with the common market (Case No COMP/M.10420 - BROOKFIELD / DIGITAL REALTY / JV) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

EUROPEAN COMMISSION
                                                                Brussels, 30.08.2021
                                                                C(2021) 6511 final
                                                                                PUBLIC VERSION
                                                                Project Holdings Three (DIFC)
                                                                Limited
                                                                Unit L 16-02, Level 16,
                                                                ICD Brookfield Place,
                                                                Dubai International Financial Centre
                                                                United Arab Emirates
                                                                Digital India, LLC
                                                                5707 Southwest Parkway,
                                                                Building 1, Suite 275
                                                                78735 Austin, TX
                                                                United States of America
Subject:        Case M.10420 – Brookfield / Digital Realty / JV
                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 6 August 2021, the European Commission received notification of a proposed
        concentration pursuant to Article 4 of the Merger Regulation by which Project
        Holdings Three (DIFC) Limited, belonging to the group of Brookfield Asset
        Management Inc. (“Brookfield”, Canada) and Digital India, LLC, belonging to the
        group of Digital Realty Trust, Inc. (“Digital Realty”, USA) acquire within the
        meaning of Article 3(1)(b) and Article 3(4) of the Merger Regulation joint control
        over the whole of the undertaking Mercury Holdings SG Pte. Ltd. (the “JV”,
        Singapore) by way of purchase of shares in a newly created company constituting a
        joint venture.3
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 325, 13.08.2021, p. 2.
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--- 2. The business activities of the undertakings concerned and the JV are:
   −   for Brookfield: a global asset manager focused on real estate, infrastructure,
       renewable power and private equity,
   −   for Digital Realty: a real estate investment trust that owns, acquires, develops and
       operates data centres,
   −   for the JV: the acquisition, development, construction and operation of data centre
       facilities in India.
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(a) 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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