CELEX: 32021M10328
Language: en
Date: 2021-06-28 00:00:00
Title: Commission Decision of 28/06/2021 declaring a concentration to be compatible with the common market (Case No COMP/M.10328 - CDPQ / ATI / ATI EUROPEAN COMMUNICATIONS INFRASTRUCTURE BUSINESS) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

EUROPEAN COMMISSION
                                                                Brussels, 28.6.2021
                                                                C(2021) 4918 final
                                                                                 PUBLIC VERSION
                                                                Caisse de Dépôt et Placement du
                                                                Québec
                                                                Edifice Jacques-Parizeau
                                                                1000, place Jean-Paul-Riopelle
                                                                H2Z 2B Montréal
                                                                Canada
                                                                American Tower International, Inc.
                                                                116 Huntington Avenue
                                                                02116 Boston, Massachusetts
                                                                United States of America
Subject:        Case M.10328 – CDPQ/ATI/ATI EUROPEAN COMMUNICATIONS
                INFRASTRUCTURE BUSINESS
                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 2 June 2021, the European Commission received notification of a proposed
        concentration pursuant to Article 4 of the Merger Regulation by which Caisse de
        dépôt et placement du Québec (“CDPQ”, Canada) and American Tower International
        Inc. (“ATI”, United States of America) acquire within the meaning of Articles 3(1)(b)
        and 3(4) of the Merger Regulation joint control of the whole of ATI’s European
        Communications Infrastructure Business (“Target”), by way of purchase of shares.3
2.      The business activities of the undertakings concerned are:
        −     CDPQ: long-term institutional investor that manages funds primarily for public
              and para-public pension and insurance plans in the Province of Québec. CDPQ is
              the second largest pension fund manager in Canada,
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 221, 10.6.2021, p. 28.
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---    −   ATI: wholly owned subsidiary of American Towers LLC, which is itself a wholly
       owned subsidiary of the American Tower Corporation (ATC). ATC is an
       independent owner and operator of passive wireless communications
       infrastructure, which has a portfolio of approximately 183,000 telecommunication
       infrastructure sites in the Americas, Europe, Africa and Asia,
   −   Target: as the European arm of ATI, it offers mobile network operator-neutral
       telecom hosting services on passive wireless communications infrastructure sites
       in France, Germany, Poland and, as a result of the parallel acquisition of another
       company (Telxius) by ATI, in Spain.
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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