CELEX: 32020M10031
Language: en
Date: 2020-12-03 00:00:00
Title: Commission Decision of 03/12/2020 declaring a concentration to be compatible with the common market (Case No COMP/M.10031 - FSI / WTI / MEL) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

EUROPEAN COMMISSION
                                                                 Brussels, 03.12.2020
                                                                 C(2020) 8729 final
                                                                                PUBLIC VERSION
                                                                 To the notifying parties
Subject:        Case M.10031 – FSI / WTI / MEL
                Commission decision pursuant to Article 6(1)(b) of Council Regulation
                (EC) No 139/20041 and Article 57 of the Agreement on the European
                Economic Area2
Dear Sir or Madam,
1.      On 11 November […]*, the European Commission received notification of a proposed
        concentration pursuant to Article 4 of the Merger Regulation by which the
        undertakings First Sentier Investors International IM Limited (“FSI”, United
        Kingdom), ultimately controlled by Mitsubishi UFJ Financial Group Inc (Japan) and
        Wheelabrator Technologies Holdings Inc. (“WTI”, United States), ultimately
        controlled by Macquarie Group (United Kingdom) acquire within the meaning of
        Article 3(1)(b) and 3(4) of the Merger Regulation joint control over the whole of the
        undertaking Multifuel Energy Limited and Multifuel Energy 2 Limited (“MEL”,
        United Kingdom), currently jointly controlled by WTI and SSE Generation Limited
        (United Kingdom), by way of purchase of shares.3
2.      The business activities of the undertakings concerned are:
              for FSI: managing investments and assets on behalf of its clients,
              for WTI: operating waste-to-energy facilities in the United Kingdom and the
                 United States,
              for MEL: operating multi-fuel waste-to-energy facilities in the United
                 Kingdom.
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’).
*       Should read: "2020".
3       Publication in the Official Journal of the European Union No C 393, 18.11.2020, p. 11.
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(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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