CELEX: 32020M9768
Language: en
Date: 2020-02-25 00:00:00
Title: Commission Decision of 25/02/2020 declaring a concentration to be compatible with the common market (Case No COMP/M.9768 - OFL / TRENITALIA / ILSA) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

EUROPEAN COMMISSION
                                                                Brussels, 25.2.2020
                                                                C(2020) 1209 final
                                                                                 PUBLIC VERSION
                                                                 To the notifying parties
Subject:        Case M.9768 – OFL / TRENITALIA / ILSA
                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 4 February 2020, the European Commission received notification of a proposed
        concentration pursuant to Article 4 of the Merger Regulation by which the
        undertakings Trenitalia S.p.A. (“Trenitalia”, Italy); owned by Ferrovie dello Stato
        Italiane S.p.A., and Operador Ferroviario de Levante, S.L. (“OFL”, Spain), belonging
        to the Befemar Group acquire within the meaning of Article 3(1)(b) and 3(4) of the
        Merger Regulation joint control over the whole of the undertaking Intermodalidad de
        Levante, S.A. (“ILSA”, Spain) by way of purchase of shares.3
2.      The business activities of the undertakings concerned are:
             for Trenitalia: an Italian railway company active in long distance and local
              passenger transport and international passenger transport;
             for OFL: a Spanish company that is dedicated mainly to the provision of asset
              management activities and services related to passenger transport. OFL is
              indirectly controlled by Mr. Carlos Bertomeu, who also indirectly co-controls Air
              Nostrum, active in passenger air transport;
             for ILSA: a Spanish company which will be dedicated to the provision of all types
              of passenger railway transport services in the context of the liberalisation of the
              railway sector in Spain and in the rest of the European Union.
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 46, 11.02.2020, 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(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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