Commission Decision of 22/08/2011 declaring a concentration to be compatible with the common market (Case No COMP/M.6303 - ANTIN INFRASTRUCTURE PARTNERS FCPR/RREEF PAN EUROPEAN INFRASTRUCTURE FUND LP/ANDASOL-1 CENTRAL TERMOSOLAR UNO SA AND ANDASOL-2 ) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic) |EUROPEAN COMMISSION | Brussels , 22.08.2011 C(2011) 6098 PUBLIC VERSION SIMPLIFIED MERGER PROCEDURE To the notifying parties Dear Madam(s) and/or Sir(s), Subject: Case No COMP/ M.6303 - ANTIN INFRASTRUCTURE PARTNERS FCPR/RREEF PAN EUROPEAN INFRASTRUCTURE FUND LP/ANDASOL-1 CENTRAL TERMOSOLAR UNO SA AND ANDASOL-2 CENTRAL TERMOSOLAR DOS, S.A.
Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC) No 139/2004 [1] 1. On 20 July 2011, the European Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 by which Antin Infrastructure Partners FCPR ("Antin", France) and RREEF Pan European Infrastructure Fund LP ("RREFF", England) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of Andasol-1 Central Termosolar Uno, S.A. and Andasol-2 Central Termosolar Dos, S.A. (together referred to as Andasol-1&2, both of Spain), two existing companies, by way of purchase of shares [2] .
2. The business activities of the undertakings concerned are: - for Antin: Investment fund active in European infrastructure; - for RREEF: Investment fund active, inter alia, in European infrastructure; - for Andasol-1&2: Production of electricity in Spain using solar thermal technology. 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 (a) 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 C 223, 29.07.2011, p.21 [3] OJ C 56, 5.3.2005, p. 32.