CELEX: 32022M10548
Language: en
Date: 2022-01-25 00:00:00
Title: Commission Decision of 25/01/2022 declaring a concentration to be compatible with the common market (Case No COMP/M.10548 - TELEKOM DEUTSCHLAND / IFM INVESTORS / JV) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

EUROPEAN COMMISSION
                                                                 Brussels, 25.1.2022
                                                                 C(2022) 530 final
                                                                                 PUBLIC VERSION
                                                                 TDG
                                                                 Landgrabenweg 151
                                                                 53227 Bonn
                                                                 Germany
                                                                 IFM Investors
                                                                 Level 29 Casselden 2 Lonsdale Street
                                                                 Melbourne VIC 3000
                                                                 Australia
Subject:        Case M.10548 –TELEKOM DEUTSCHLAND / IFM INVESTORS / JV
                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 22 December 2021, the European Commission received notification of a proposed
        concentration pursuant to Article 4 of the Merger Regulation by which Telekom
        Deutschland GmbH (“TDG”, Germany), controlled by Deutsche Telekom AG
        (Germany), and IFM Investors Pty Ltd. (“IFM”, Australia) acquire, within the
        meaning of Articles 3(1)(b) and 3(4) of the Merger Regulation, joint control of
        GlasfaserPlus GmbH (“JV”, Germany). The concentration is accomplished by way of
        purchase of shares.3
2.      The business activities of the undertakings concerned and the JV are:
              for TDG: offer of broadband network, mobile telecommunications, and other
                 telecom services to residential and commercial customers,
              for IFM: investor-owned global investment manager with assets under
                 management across infrastructure, listed equities, private capital and debt
                 investments,
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 9, 10.1.2022, p.6.
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---         for JV: planning, construction and subsequent operation of an optical fiber
           telecommunications network in certain rural and less densely populated areas
           of Germany.
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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