CELEX: 32014M7390
Language: en
Date: 2014-10-17 00:00:00
Title: Commission Decision of 17/10/2014 declaring a concentration to be compatible with the common market (Case No COMP/M.7390 - OFI INFRAVIA / GDF SUEZ / PENSIONDANMARK / NGT) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

|[pic]                             |EUROPEAN COMMISSION                                                                                      |
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                                        Brussels, 17.10.2014
                                        C(2014) 7755 final

                                        |To the notifying parties:                                          |                                                                   |
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Dear Madam(s) and/or Sir(s),

Subject:    Case M.7390 – OFI INFRAVIA / GDF SUEZ / PENSIONDANMARK / NGT
         Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC) No 139/2004[1]

 1. On 18.09.2014, the European Commission received notification of a proposed concentration pursuant to Article 4 of the  Merger  Regulation  by
    which GDF SUEZ S.A. ("GDF SUEZ", France), PensionDanmark Holding A/S. ("PensionDanmark", Denmark) and InfraVia European Fund II  ("InfraVia",
    France), owned by OFI InfraVia S.A.S. ("OFI InfraVia", France) and ultimately controlled by  the  Macif  Group  ("Macif",  France),   acquire
    within the meaning of Article 3(1)(b) of the Merger Regulation joint control of Noordgastransport B.V. ("NGT", the Netherlands),  by  way  of
    purchase of shares. NGT is currently jointly controlled by GDF SUEZ and PensionDanmark.

 2. The business activities of the undertakings concerned are:

      -     For OFI InfraVia: active in the infrastructure fund management across  sectors  including  transportation,  environment,  energy  and
           social infrastructure;

      -     For GDF SUEZ: energy group with global presence throughout the entire energy value chain in electricity and natural gas;

      -     For PensionDanmark: a Danish not-for-profit, labour-market-related, life-insurance limited company;

      -     For NGT: owner and operator of a subsea transportation system for natural gas in the Netherlands.[2]

 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[3].

 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.

                                        For the Commission

                                        (Signed)
                                        Alexander ITALIANER
                                        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]   Publication in the Official Journal of the European Union No C 338 of 27.09.2014, p. 35.
[3]   OJ C 366, 14.12.2013, p. 5.

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                                                                  PUBLIC VERSION

                                                           SIMPLIFIED MERGER PROCEDURE