CELEX: 32021M10454
Language: en
Date: 2021-10-25 00:00:00
Title: Commission Decision of 25/10/2021 declaring a concentration to be compatible with the common market (Case No COMP/M.10454 - OMERS / GOLDMAN SACHS / AMEDES) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

EUROPEAN COMMISSION
                                                                Brussels, 25.10.2021
                                                                C(2021) 7786 final
                                                                                PUBLIC VERSION
                                                                OMERS Infrastructure European
                                                                Holdings 2 B.V.
                                                                Muiderstraat 9 U
                                                                1011PZ Amsterdam
                                                                The Netherlands
                                                                The Goldman Sachs Group, Inc.
                                                                200 West Street
                                                                New York, NY
                                                                United States of America
Subject:        Case M.10454 – OMERS / GOLDMAN SACHS / AMEDES
                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 30 September 2021, the European Commission received notification of a proposed
        concentration pursuant to Article 4 of the Merger Regulation by which OMERS
        Infrastructure European Holdings 2 B.V. (“OMERS”, Netherlands), controlled by
        OMERS Administration Corporation ("OAC", Canada) and Goldman Sachs Group,
        Inc. (“Goldman Sachs”, United States) acquire within the meaning of Article 3(1)(b)
        of the Merger Regulation joint control of the whole of Antin Amedes Holdco GmbH
        (“Amedes”, Germany) by way of purchase of shares.3
2.      The business activities of the undertakings concerned are:
        −     for OMERS: European investment platform for infrastructure investments by
              OAC, a Canadian pension fund, managing a diversified global portfolio of stocks
              and bonds as well as real estate, infrastructure and private equity investments,
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 411, 11.10.2021, p. 6-7.
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 Goldman Sachs: global investment banking, securities and investment
       management firm,
   −   for Amedes: provision of clinical laboratory services in Germany, Belgium and
       Austria, as well as healthcare services in Germany.
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)
                                                     Olivier GUERSENT
                                                     Director-General
4  OJ C 366, 14.12.2013, p. 5.
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