CELEX: 32016M8009
Language: en
Date: 2016-05-13 00:00:00
Title: Commission Decision of 13/05/2016 declaring a concentration to be compatible with the common market (Case No COMP/M.8009 - CPPIB / GIP / PACIFIC NATIONAL BUSINESS OF ASCIANO) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

|[pic]                             |EUROPEAN COMMISSION                                                                                      |

                                        Brussels, 13.05.2016
                                        C(2016) 3016 final

                                        [pic]

|To the notifying parties:                                              |                                                                       |
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|                                                                       |                                                                       |

Dear Sirs,

Subject:    Case M.8009 - CPPIB / GIP / PACIFIC NATIONAL BUSINESS OF ASCIANO

         Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC) No 139/2004[1] and Article 57 of the Agreement on the
         European Economic Area[2]

 1. On 14/04/2016, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger  Regulation  by
    which the undertakings Canada Pension Plan Investment Board ("CPPIB" of Canada), and Global Infrastructure Management,  LLC  ("GIP"  of  the
    USA) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of Asciano's Pacific National  Business  ("Pacific
    National" of Australia), by way of purchase of shares.[3]

 2. The business activities of the undertakings concerned are:

  – for CPPIB: investing in public and private equities, real estate, infrastructure and fixed income instruments.

  – for GIP: investing in single assets and portfolios of assets and companies  in  infrastructure  and  infrastructure-related  assets  in  the
    transport, energy, water and waste industries.

  – for Pacific National: national intermodal freight haulage and bulk haulage rail freight services in Australia.

 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)
                                        Johannes LAITENBERGER
                                        Director-General

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[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 140, 21.04.2016, p. 9.

[4]   OJ C 366, 14.12.2013, p. 5.

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                                                                  PUBLIC VERSION

                                                           SIMPLIFIED MERGER PROCEDURE