CELEX: 32020M9996
Language: en
Date: 2020-11-25 00:00:00
Title: Commission Decision of 25/11/2020 declaring a concentration to be compatible with the common market (Case No COMP/M.9996 - TRENITALIA / NETINERA DEUTSCHLAND) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

EUROPEAN COMMISSION
                                                                Brussels, 25.11.2020
                                                                C(2020) 8438 final
                                                                                 PUBLIC VERSION
                                                                To the notifying party
Subject:         Case M.9996 – TRENITALIA / NETINERA DEUTSCHLAND
                 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 3 November 2020, the European Commission received notification of a proposed
        concentration pursuant to Article 4 of the Merger Regulation by which the
        undertaking Trenitalia S.p.A. (‘Trenitalia’, Italy) acquires within the meaning of
        Article 3(1)(b) of the Merger Regulation sole control of the whole of Netinera
        Deutschland GmbH (‘Netinera’, Germany), ), by way of purchase of shares.3
2.      The business activities of the undertakings concerned are:
             for Trenitalia: active in the field of rail passenger transport and related services in
              Italy and other European countries, mainly France, UK and Greece. It is wholly
              owned by Ferrovie dello Stato Italiane S.p.A. which is itself 100% owned by the
              Italian Ministry of Economy and Finance,
             for Netinera: operates regional rail and bus passenger services mainly in Germany
              (and, to a lesser extent, in the Czech Republic) on the basis of public service
              contracts awarded mainly by the German Public Transport Authorities. It is
              currently jointly controlled by Trenitalia and Cube Transport Sàrl, an investment
              fund incorporated in Luxembourg specialised in infrastructure and public
              services.
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 380, 11.11.2020, p. 10.
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(d) 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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