CELEX: 32021M10449
Language: en
Date: 2021-11-19 00:00:00
Title: Commission Decision of 19/11/2021 declaring a concentration to be compatible with the common market (Case No COMP/M.10449 - KIA / ALMAVIVA) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

EUROPEAN COMMISSION
                                                                Brussels, 19.11.2021
                                                                C(2021) 8531 final
                                                                                 PUBLIC VERSION
                                                                Kuwait Investment Authority
                                                                PO Box 46, Ministries Complex,
                                                                Almurqab, 1300, Kuwait City
                                                                Kuwait
Subject:        Case M.10449 – KIA / ALMAVIVA
                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 25 October 2021, the European Commission received notification of a proposed
        concentration pursuant to Article 4 of the Merger Regulation by which Kuwait
        Investment Authority (‘KIA’, Kuwait), through Wren House Infrastructure LP,
        acquires within the meaning of Article 3(1)(b) of the Merger Regulation indirect sole
        control of the whole of Almaviva Capital S.A.S. (‘Almaviva’, France) by way of
        purchase of shares.3
2.      The business activities of the undertakings concerned are:
        −     for KIA: manages the sovereign wealth funds of the State of Kuwait as a global
              investor, with investments in all main geographical areas (including the Americas,
              Europe and Asia-Pacific) and asset classes (including real estate, private and
              public equity, fixed income and alternative investment markets across the globe),
        −     for Almaviva: head of the Almaviva Group, active in the health sector and in
              particular operating diagnostics and hospital care services. Almaviva Group is
              active in France and has a limited activity in Canada.
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 447, 4.11.2021, p. 14.
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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