CELEX: 32020M9701
Language: en
Date: 2020-01-23 00:00:00
Title: Commission Decision of 23/01/2020 declaring a concentration to be compatible with the common market (Case No COMP/M.9701 - INFRAVIA / ILIAD / ILIAD 73) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

EUROPEAN COMMISSION
                                                                Brussels, 23.01.2020
                                                                C(2020) 457 final
                                                                                PUBLIC VERSION
                                                                To the notifying parties
Subject:        Case M.9701 – INFRAVIA / ILIAD / ILIAD 73
                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 13 December 2019, the European Commission received notification of a proposed
        concentration pursuant to Article 4 of the Merger Regulation by which Iliad S.A.
        (“Iliad”, France) and InfraVia Capital Partners (“InfraVia”, France) acquire within the
        meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control of a newly
        formed joint venture (‘Iliad JV’, France), by way of purchase of shares in the newly
        created company constituting a joint venture.3
2.      The business activities of the undertakings concerned are:
             For Iliad: provision of fixed and mobile telephony services, internet access and
              hosting services,
             For InfraVia: management of investment funds specialised in the infrastructure
              sector, among which Violin Fiber Infrastructure S.à r.l.,
             For the joint venture: provision of wholesale local access at a fixed location in
              France.
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 428, 20.12.2019, p. 43.
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(c) 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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