CELEX: 32019M9364
Language: en
Date: 2019-05-22 00:00:00
Title: Commission Decision of 22/05/2019 declaring a concentration to be compatible with the common market (Case No COMP/M.9364 - InfraVia II Invest S.A. / SBI Crypto Investment Co. Ltd. / Stoa S.A.) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

EUROPEAN COMMISSION
                                                                Brussels, 22.05.2019
                                                                C(2019) 3971 final
                                                                                   PUBLIC VERSION
                                                                To the notifying parties
Subject:        Case M.9364 STOA / INFRAVIA II INVEST / SBI CRYPTO
                INVESTMENT / TIGER INFRASTRUCTURE EUROPE / ETIX GROUP
                Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC)
                                1
                No 139/2004 and Article 57 of the Agreement on the European Economic
                      2
                Area
Dear Sir or Madam,
1.      On 26 April 2019, the European Commission received notification of a proposed
        concentration pursuant to Article 4 of the Merger Regulation by which Stoa S.A.
        (“Stoa”, France), controlled by Caisse des Dépôts et Consignations (“CDC”, France),
        InfraVia II Invest S.A. (“InfraVia”, Luxembourg), controlled by InfraVia Capital
        Partners SAS (“InfraVia Capital Partners”, France), SBI Crypro Investment Co. Ltd.
        (“SBI”, Japan), controlled by SBI Holdings, Inc. (Japan), Tiger Infrastructure Europe
        S.a.r.l. (“Tiger”, Luxembourg), controlled by Tiger Infrastructure Partners Fund LP
        (USA), acquire, within the meaning of Article 3(1)(b) and 3(4) of the Merger
        Regulation joint control of the whole of Etix Group S.A. (“Etix”, Luxembourg),
        constituting a joint venture (“JV”), by way of purchase of shares by Stoa.3
        In parallel, Keppel Data Centers Holding Pte. Ltd. (“KDC”), a Singapore-based
        company, will also acquire shares in the Target, but without obtaining veto rights
        granting control under the EU Merger Regulation.
2.      The business activities of the undertakings concerned are:
             − for Stoa: investment company;
             − for Etix: provision of data centers services in Europe, Africa, Latin America and
                 South-East Asia.
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 157, 08.05.2019, p 13.
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--- 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)/(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)
                                                   Johannes LAITENBERGER
                                                   Director-General
4  OJ C 366, 14.12.2013, p. 5.
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