m8722.docx EUROPEAN COMMISSION Brussels, 8.12.2017 C(2017) 8579 final PUBLIC VERSION To the notifying part y Subject : Case M. 8722 - OMERS / THAMES WATER Commission decision pursuant to Article 6(1 )( b) of Council Regulation (EC) No 139/2004 1 and Article 57 of the Agreement on the European Economic Area 2 Dear Sir or Madam, 1. On 16 November 2017 , the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by which O mers Administration Corporation ( "OMERS" , Canada) acquires , within the meaning of Article 3(1 )( b) of the Merger Regulation , sole control over the whole of Thames Water (UK) by way of a purchase of shares .
3 2. The business activities of the undertakings concerned are: – OMERS is the administrator of the Ontario Municipal Employees Retirement System Primary Pension Plan in Canada; – Thames Water is a private utility company that is primarily active in the regulated provision of integrated water and sewerage services to household customers in the Thames Valley region, which incorporates London and parts of South East England . 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 (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 396 , 23.11.2017 , p. 16 . (4) OJ C 366, 14.12.2013, p. 5 .