CELEX: 32014M7428
Language: en
Date: 2014-10-30 00:00:00
Title: Commission Decision of 30/10/2014 declaring a concentration to be compatible with the common market (Case No COMP/M.7428 - IRIDIUM / DIF / CONCESSION BUSINESSES) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

|[pic]                             |EUROPEAN COMMISSION                                                                                      |
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                                        Brussels, 30.10.2014
                                        C(2014) 8297 final

                                        |                                                                   |To the notifying parties:                                          |

Dear Madam and/or Sir,

Subject:    Case M.7428 – IRIDIUM / DIF / CONCESSION BUSINESSES
         Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC) No 139/2004[1]

 1. On 06.10.2014, the European Commission received notification of a proposed concentration pursuant to Article 4 of the  Merger  Regulation  by
    which Iridium Concesiones de infraestructuras S.A. ("Iridium", Spain), a subsidiary of the ACS Group (Spain), and DIF Management B.V. ("DIF",
    the Netherlands) acquire within the meaning of Article 3(1)(b) of the  Merger Regulation joint control over a number of concession businesses
    by way of purchase of shares in a newly created joint venture and by way of contract of management.

 2. The business activities of the undertakings concerned are:

    - Iridium is active in the development, management and maintenance  of  concessions  involving  transport  and  public  works  infrastructure
      worldwide;

    - DIF manages investment funds active in high quality infrastructure assets, including public-private partnership projects related to  social
      infrastructure and renewable energy projects, in Europe and North America;

    -       Concession businesses, which are currently solely or jointly controlled by Iridium, in  the  hospital  infrastructure  and  transport
      infrastructure sector in Spain[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 (c)i 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 362, 14.10.2014, p.15.
[3]   OJ C 366, 14.12.2013, p. 5.

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                                                                  PUBLIC VERSION

                                                           SIMPLIFIED MERGER PROCEDURE