CELEX: 32020M9646
Language: en
Date: 2020-03-12 00:00:00
Title: Commission Decision of 12/03/2020 declaring a concentration to be compatible with the common market (Case No COMP/M.9646 - MACQUARIE / ABERDEEN / PENTACOM / JV) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

EUROPEAN COMMISSION
                                                                Brussels, 12.03.2020
                                                                C(2020) 1704 final
                                                                                 PUBLIC VERSION
                                                                To the notifying parties
Subject:        Case M.9646 – MACQUARIE / ABERDEEN / PENTACOM / 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 14 February 2020, the European Commission received notification of a proposed
        concentration pursuant to Article 4 of the Merger Regulation by which Pentacom
        Investments (UK) Holdco Limited (“Macquarie”, UK), belonging to the Macquarie
        Group, and Aberdeen Infrastructure (Holdco) IV B.V. (“Aberdeen”, the Netherlands),
        belonging to the Aberdeen Group) acquire within the meaning of Article 3(1)(b) and
        3(4) of the Merger Regulation joint control of Pentacom Investment (Spain) Holdco,
        S.L. (“Pentacom”, Spain), by other means.3
2.      The business activities of the undertakings concerned are:
             for Macquarie: global investment bank and financial services provider,
             for Aberdeen: global investment company,
             for Pentacom: wholesale supply of broadband access services in Spain.
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
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 60, 24.02.2020, p. 6.
4       OJ C 366, 14.12.2013, p. 5.
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--- 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, in conjunction
   with Article 131 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, and Article 57 of the EEA Agreement.
                                                 For the Commission
                                                 (Signed)
                                                 Olivier GUERSENT
                                                 Director-General
                                            2