Commission Decision of 05/08/2011 declaring a concentration to be compatible with the common market (Case No COMP/M.6213 - WESTFIELD / CPPIB / APG) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic) |EUROPEAN COMMISSION | Brussels , 05.08.2011 C(2011) 5851 PUBLIC VERSION SIMPLIFIED MERGER PROCEDURE To the notifying parties: | Dear Madam(s) and/or Sir(s), Subject: Case No COMP/M.6213 - WESTFIELD / CPPIB / APG Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC) No 39/2004 [1] 1. On 7 July 2011, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by which the undertakings Canada Pension Plan Investment Board ("CPPIB") and APG Algemene Pensioen Groep N.V.
("APG"), together with Westfield Holdings Limited, a wholly owned subsidiary of the Westfield Group ("Westfield"), acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of companies belonging to Westfield ("the Target") which control a property known as Westfield Stratford City by way of acquisition of shares [2] . 2. The business activities of the undertakings concerned are: - CPPIB: professional investment management organisation investing the assets of the Canada Pension Plan; - APG: a pension administration organisation that specialises in the field of collective pensions in the public sector; - Westfield: real estate services; - the Target: controls Westfield Stratford City, a retail complex presently under development located in Stratford, UK.
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) (i) and (ii) of the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004 [3] . 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.
For the Commission (signed) Alexander ITALIANER Director General [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] Publication in the Official Journal of the European Union No C208,14.07.2011, p.22. [3] OJ C 56, 5.3.2005, p. 32.