CELEX: 32021M10241
Language: en
Date: 2021-06-18 00:00:00
Title: Commission Decision of 18/06/2021 declaring a concentration to be compatible with the common market (Case No COMP/M.10241 - COLONY CAPITAL / LIBERTY GLOBAL / JV) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

EUROPEAN COMMISSION
                                                                Brussels, 18.6.2021
                                                                C(2021) 4621 final
                                                                                 PUBLIC VERSION
                                                                Liberty Global PLC
                                                                Griffin House, 161 Hammersmith
                                                                Road,
                                                                W6 8BS - London
                                                                United Kingdom
                                                                Colony Capital, Inc.
                                                                515 South Flower Street 44th Floor
                                                                CA 90071 – Los Angeles
                                                                United States of America
Subject:        Case M.10241 - COLONY CAPITAL / LIBERTY GLOBAL / 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 21 May 2021, the European Commission received notification of a proposed
        concentration pursuant to Article 4 of the Merger Regulation by which Colony Capital,
        Inc. (“Colony Capital”, USA), and Liberty Global plc (“Liberty Global”, UK) acquire
        within the meaning of Articles 3(1)(b) and 3(4) of the Merger Regulation joint control
        over the whole of Liberty Property HoldCo II S.à.r.l. ("the JV", Luxembourg) by way of
        purchase of shares in a newly created company constituting a joint venture.3
2.      The business activities of the undertakings concerned are:
        −     for Colony Capital: management of a global portfolio composed of, amongst
              other, investments in digital infrastructure, including macro cell towers, data
              centres, small cell networks and fibre networks,
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 205, 31.05.2021, 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---    −    for Liberty Global: operation of cable networks offering television, broadband
        Internet, fixed-line voice telephony and mobile telecommunications services in
        several EU Member States,
     — for the JV: acquisition, development and commercialisation of technical real
         estate for the provision of colocation services in the United Kingdom and the
         EEA.
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)
                                                  Olivier GUERSENT
                                                  Director-General
4  OJ C 366, 14.12.2013, p. 5.
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