CELEX: 32018M9171
Language: en
Date: 2018-12-04 00:00:00
Title: Commission Decision of 04/12/2018 declaring a concentration to be compatible with the common market (Case No COMP/M.9171 - Covanta Holding Corporation / Green Investment Group Limited / Brockwell Energy Limited / Earls Gate Energy Centre Limited) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

EUROPEAN COMMISSION
                                                                Brussels, 4.12.2018
                                                                C(2018) 8417 final
                                                                    PUBLIC VERSION
                                                                To the notifying parties
Subject:        Case M.9171 - COVANTA HOLDING CORPORATION / GREEN
                INVESTMENT GROUP / BROCKWELL ENERGY / EARLS GATE
                ENERGY CENTRE
                Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC)
                                1                                                                             2
                No 139/2004 and Article 57 of the Agreement on the European Economic Area
Dear Sir or Madam,
1.      On 9 November 2018, the European Commission received notification of a proposed
        concentration pursuant to Article 4 of the Merger Regulation by which the undertakings
        Covanta Holding Corporation ("Covanta", United States of America), Green Investment
        Group Limited ("Green Investment Group", United Kingdom)3 and Brockwell Energy
        Limited ("Brockwell", United Kingdom)4 acquire within the meaning of Article 3(1)(b)
        and 3(4) of the Merger Regulation joint control over the whole of the undertaking Earls
        Gate Energy Centre Limited ("Earls Gate JV", United Kingdom) by way of purchase of
        shares.5
2.      The business activities of the undertakings concerned are:
             for Covanta: global sustainable waste and energy solutions business,
             for Green Investment Group: green infrastructure principal investment, project
              delivery and management of portfolio assets, and related services,
             for Brockwell: develop, own and operate interests in relation to renewable energy
              technologies,
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       Green Investment Group belongs to Macquarie Group Limited (Australia).
4       Brockwell is jointly controlled by Davidson Kempner Capital Management, L.P. (United States of America)
        and Pioneer Point Partners LLP (United Kingdom).
5       Publication in the Official Journal of the European Union No C 417, 16.11.2018, p.31.
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 Earls Gate JV: construction and operation of a renewable energy plant in
        Grangemouth, Scotland.
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 139/2004.6
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
6  OJ C 366, 14.12.2013, p. 5.
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