CELEX: 32019M9224
Language: en
Date: 2019-02-14 00:00:00
Title: Commission Decision of 14/02/2019 declaring a concentration to be compatible with the common market (Case No COMP/M.9224 - Brookfield Asset Management Inc. / Johnson Controls International plc (Power Solutions business)) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

EUROPEAN COMMISSION
                                                                Brussels, 14.2.2019
                                                                C(2019) 1415 final
                                                                        PUBLIC VERSION
                                                                To the notifying party
Subject:        Case M.9224 – BROOKFIELD ASSET MANAGEMENT / JOHNSON
                CONTROLS POWER SOLUTIONS BUSINESS
                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 Sirs,
1.      On 16 January 2019, the European Commission received notification of a proposed
        concentration pursuant to Article 4 of the Merger Regulation by which Brookfield Asset
        Management Inc. (“Brookfield”, Canada) acquires within the meaning of Article 3(1)(b) of
        the Merger Regulation control of part of Johnson Controls International plc (“Johnson
        Controls”, Ireland) by way of purchase of shares and assets.3
2.      The business activities of the undertakings concerned are:
             Brookfield is an alternative asset manager with a focus on real estate, renewable
              power, infrastructure and private equity.
             The target, currently a business unit of Johnson Controls, is engaged in the business of
              low voltage energy storage products using lead-acid and lithium-ion technologies
              primarily for use with passenger vehicles, trucks and other motive applications.
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
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 37, 30.1.2019, p. 14.
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 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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