CELEX: 32019M9443
Language: en
Date: 2019-09-12 00:00:00
Title: Commission Decision of 12/09/2019 declaring a concentration to be compatible with the common market (Case No COMP/M.9443 - Meridiam Investments 5, S.A.S. / Cintra Infraestructuras España, S.L. / Autopista del Sol, Concesionaria Española S.A.) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

EUROPEAN COMMISSION
                                                                Brussels, 12.9.2019
                                                                C(2019) 6637 final
                                                                             PUBLIC VERSION
                                                                To the notifying parties
Subject:        Case M.9443 – CINTRA / MERIDIAM / AUSOL
                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 20 August 2019, the European Commission received notification of a proposed
        concentration pursuant to Article 4 of the Merger Regulation by which Cintra
        Infaestructuras España, S.L. (‘Cintra’, Spain), belonging to the Ferrovial group,
        ultimately controlled by Ferrovial S.A. (‘Ferrovial’, Spain) and Meridiam S.A.S.
        (‘Meridiam’, France) acquire within the meaning of Article 3(1)(b) and 3(4) of the
        Merger Regulation joint control of Autopista del Sol, Concesionaria Española, S.A.
        (‘AUSOL’, Spain) by way of purchase of shares.3
2.      The business activities of the undertakings concerned are:
                  for Cintra: subsidiary of Ferrovial, an international infrastructure operator,
                   active in the development of infrastructure concession projects in the
                   transport sector and, in particular,                 toll motorways         in Spain.
                  for Meridiam: the management company of funds belonging to an
                   international investment group that focuses on the development, financing
                   and management of essential infrastructure projects in Europe, Canada and
                   the United States.
                  for AUSOL: company active in road infrastructure management in Spain,
                   including management of two real toll motorways consessions connecting
                   Malaga with Estepona and Estepona with Guardiaro.
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 290, 28.08.2019, 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--- 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)
                                                  Cecilio MADERO VILLAREJO
                                                  Acting Director-General
4  OJ C 366, 14.12.2013, p. 5.
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