CELEX: 32019M9573
Language: en
Date: 2019-11-25 00:00:00
Title: Commission Decision of 25/11/2019 declaring a concentration to be compatible with the common market (Case No COMP/M.9573 - BROOKFIELD / IRIDIUM / GLOBAL BOREALIS) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

EUROPEAN COMMISSION
                                                                Brussels, 25.11.2019
                                                                C(2019) 8638 final
                                                                                 PUBLIC VERSION
                                                                To the notifying parties
Subject:        Case M.9573 – BROOKFIELD / IRIDIUM / GLOBAL BOREALIS
                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 31 October 2019, the European Commission received notification of a proposed
        concentration pursuant to Article 4 of the Merger Regulation by which the
        undertakings Brookfield Asset Management Inc (“Brookfield”, Canada) and Iridium
        Concesiones de Infraestructuras, S.A.D (“Iridium”, Spain), belonging to the group
        Actividades De Construcción Y Servicios, S.A. (ACS group, Spain) acquire within the
        meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control over the
        whole of the undertaking Global Borealis S.L. (“Global Borealis”, Spain) by way of
        purchase of shares.3
2.      The business activities of the undertakings concerned are:
             for Brookfield: Providing asset management services globally. Focused on real
              estate, infrastructure, renewable power and private equity,
             for Iridium: active globally in the development, management and maintenance of
              concessions involving transport and public works, part of the ACS construction
              group, already jointly controlling Global Borealis,
             for Global Borealis: holding and management of concessions in the transport
              infrastructure and hospital sector 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
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 382, 11.11.2019, p. 27.
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---    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)
                                                  Cecilio MADERO VILLAREJO
                                                  Acting Director-General
4  OJ C 366, 14.12.2013, p. 5.
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