CELEX: 32019M9464
Language: en
Date: 2019-09-16 00:00:00
Title: Commission Decision of 16/09/2019 declaring a concentration to be compatible with the common market (Case No COMP/M.9464 - Allianz Capital Partners GmbH / Omers Infrastructure Europe Limited / Altice France / SFR FTTH) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

EUROPEAN COMMISSION
                                                                Brussels,16.9.2019
                                                                C(2019) 6791 final
                                                                                 PUBLIC VERSION
                                                                To the notifying parties
Subject:        Case M.9464 – OMERS/Altice/Allianz/SFR FTTH
                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 23 August 2019, the European Commission received notification of a proposed
        concentration pursuant to Article 4 of the Merger Regulation by which the
        undertakings AGF Benelux S.à.r.l. (Germany), controlled by Allianz SE (“Allianz”,
        Germany), OMERS Infrastructure European Holdings B.V. (“OMERS
        Infrastructure”, the Netherlands), controlled by OMERS Administration Corporation
        (“OMERS”, Canada) and Altice France S.A. (France), controlled by Altice Europe
        N.V. (“Altice”, the Netherlands) acquire within the meaning of Article 3(1)(b) and
        3(4) of the Merger Regulation indirect joint control of the undertaking SFR FTTH
        SAS (“SFR FTTH”, France), currently controlled by OMERS and Altice by way of
        purchase of shares.3
2.      The business activities of the undertakings concerned are:
             for Allianz: global financial services group active in insurance and asset
              management,
             for OMERS: administration of the Ontario Municipal Employees Retirement
              System Primary Pension Plan by investing in infrastructure (via OMERS
              Infrastructure) and private equity assets,
             for Altice: telecommunications, media, entertainment and advertising,
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 292, 30.8.2019, p. 3.
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 SFR FTTH: fibre network activity in certain areas of France, outside the high
        density areas as defined by the French electronic communications regulator, the
        “Autorité de regulation des communications éléctroniques et des postes”.
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)
                                                  Cecilio MADERO VILLAREJO
                                                  Acting Director-General
4  OJ C 366, 14.12.2013, p. 5.
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