CELEX: 32021M10021
Language: en
Date: 2021-01-14 00:00:00
Title: Commission Decision of 14/01/2021 declaring a concentration to be compatible with the common market (Case No COMP/M.10021 - NETCOMPANY / COPENHAGEN AIRPORTS / SMARTER AIRPORTS JV) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

EUROPEAN COMMISSION
                                                                 Brussels,14.1.2021
                                                                 C(2021) 289 final
                                                                                PUBLIC VERSION
                                                                 To the notifying parties
Subject:        Case M.10021 – NETCOMPANY / COPENHAGEN AIRPORTS /
                SMARTER AIRPORTS JV
                Commission decision pursuant to Article 6(1)(b) of Council Regulation
                (EC) No 139/20041 2 and Article 57 of the Agreement on the European
                Economic Area3
Dear Sir or Madam,
1.      On 11 December 2020, the European Commission received notification of a proposed
        concentration pursuant to Article 4 of the Merger Regulation by which Netcompany
        A/S (“Netcompany”, Denmark) and Københavns Lufthavne A/S (“Copenhagen
        Airports”, Denmark) acquire within the meaning of Article 3(1)(b) and 3(4) of the
        Merger Regulation joint control over the whole of SMARTER AIRPORTS A/S
        ("SMARTER AIRPORTS", Denmark), by way of purchase of shares in a newly
        created company constituting a joint venture. 4
2.      The business activities of the undertakings concerned are:
              for Netcompany: provision of IT services,
              for Copenhagen Airports: owning and operating the airports at Kastrup and
                 Roskilde, Denmark,
              for SMARTER AIRPORTS: provision of a new airport management system to
                 third party airports.
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       For the purposes of this Decision, although the United Kingdom withdrew from the European Union as
        of 1 February 2020, according to Article 92 of the Agreement on the withdrawal of the United
        Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic
        Energy Community (OJ L 29, 31.1.2020, p. 7), the Commission continues to be competent to apply
        Union law as regards the United Kingdom for administrative procedures which were initiated before the
        end of the transition period.
3       OJ L 1, 3.1.1994, p. 3 (the ‘EEA Agreement’).
4       Publication in the Official Journal of the European Union No C 437, 18.12.2020, p. 20.
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(a) of the Commission Notice on a simplified procedure for treatment of
   certain concentrations under Council Regulation (EC) No 139/2004.5
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
5  OJ C 366, 14.12.2013, p. 5.
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