CELEX: 32019M9141
Language: en
Date: 2019-02-04 00:00:00
Title: Commission Decision of 04/02/2019 declaring a concentration to be compatible with the common market (Case No COMP/M.9141 - Diamond Transmission Corporation Limited / InfraRed Capital Partners Limited) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

EUROPEAN COMMISSION
                                                                Brussels, 04.02.2019
                                                                C(2019) 920 final
                                                                       PUBLIC VERSION
                                                                To the notifying parties
Subject:        Case M.9141 - DTC / IRCP / DIAMOND TRANSMISSION PARTNERS
                Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC)
                                1                                                                             2
                No 139/2004 and Article 57 of the Agreement on the European Economic Area
Dear Sir or Madam,
1.      On 9 January 2019, the European Commission received notification of a proposed
        concentration pursuant to Article 4 of the Merger Regulation by which Diamond
        Transmission Corporation Limited (‘DTC’, United Kingdom), controlled by Mitsubishi
        Corporation (‘MC’, Japan), and Infrared Capital Partners Limited (‘IRCP’, United
        Kingdom), controlled by InfraRed Capital Partners (Management) LLP (United Kingdom),
        acquire within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint
        control of the whole of Diamond Transmission Partners RB (Holding) Limited (‘Target’,
        United Kingdom), currently solely controlled by DTC.3
2.      The business activities of the undertakings concerned are:
             DTC is a holding company that integrates MC’s investment activities in the electricity
              transmission sector,
             IRCP is an infrastructure investment management company active in financial advice
              and managing investments on behalf of investment funds,
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 20, 16.01.2019, p. 7.
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---        the Target is the holding company of its wholly owned subsidiary Diamond
        Transmission Partners RB Limited which is the Offshore Transmission Owner for the
        Race Bank offshore windfarm located in UK waters in the North Sea. It is active in the
        transmission of electricity from this windfarm to the UK’s onshore National
        Electricity Transmission System.
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)
                                                    Johannes LAITENBERGER
                                                    Director-General
4  OJ C 366, 14.12.2013, p. 5.
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