CELEX: 32019M9472
Language: en
Date: 2019-08-27 00:00:00
Title: Commission Decision of 27/08/2019 declaring a concentration to be compatible with the common market (Case No COMP/M.9472 - Diamond Transmission Corporation Limited / InfraRed Capital Partners Limited) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

EUROPEAN COMMISSION
                                                                Brussels, 27.8.2019
                                                                C(2019) 6335 final
                                                                                 PUBLIC VERSION
                                                                To the notifying parties
Subject:        Case M.9472 — Diamond Transmission Corporation/Infrared Capital
                Partners/JV
                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 2 August 2019, the European Commission received notification of a proposed
        concentration pursuant to Article 4 of the Merger Regulation by which the
        undertakings Diamond Transmission Corporation Limited (“DTC”, United Kingdom),
        controlled by Mitsubishi Corporation (“MC”, Japan) and InfraRed Capital Partners
        Limited (“IRCP”, United Kingdom), controlled by InfraRed Capital Partners
        (Management) LLP (United Kingdom) acquire within the meaning of Article 3(1)(b)
        and Article 3(4) of the Merger Regulation joint control of the whole of Diamond
        Transmission Partners Galloper (Holding) Limited (“Target”, United Kingdom),
        currently solely controlled by DTC, by way of purchase of shares.3
2.      The business activities of the undertakings concerned are:
             DTC is a holding company that integrates MC's investment activities in the
              electricity transmission sector,
             IRCP is an infrastructure investment management company active in financial
              advice and managing investments on behalf of investment funds,
             the Target is the holding company of its wholly owned subsidiary Diamond
              Transmission Partners Galloper Limited which will be appointed as the Offshore
              Transmission Owner for the Galloper offshore windfarm located in UK waters off
              the coast of Suffolk in the North Sea. It is active in the transmission of electricity
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 266, 8.8.2019, p. 6.
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---         from this windfarm to the UK's onshore National Electricity Transmission
        System.
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)
                                                  Johannes LAITENBERGER
                                                  Director-General
4  OJ C 366, 14.12.2013, p. 5.
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