EUROPEAN COMMISSION DG Competition

Case M.9966 - EQT / COLISEE

Only the English text is available and authentic.

REGULATION (EC) No 139/2004 MERGER PROCEDURE

Article 6(1)(b) NON-OPPOSITION Date: 15/10/2020

In electronic form on the EUR-Lex website under document number 32020M9966

EUROPEAN COMMISSION

Brussels, 15.10.2020 C(2020) 7195 final

PUBLIC VERSION

To the notifying party

Dear Sir or Madam,

1.1. On 22 September 2020, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by which EQT Fund Management S.à r.l. (“EQT”, Luxembourg) acquires through the investment fund EQT Infrastructure V sole control of the whole of Financière Colisée S.A.S. (“Colisée”, France), within the meaning of Article 3(1)(b) of the Merger Regulation. Colisée is controlled by Indigo International S.à r.l, which is a holding company controlled by funds managed by IK Investment Partners.

2. The business activities of the undertakings concerned are:

- for EQT: to make investments in infrastructure and infrastructure-related assets and businesses primarily in Europe and North America. The EQT group of funds invests in a wide variety of industries and sectors,

- for Colisée: active within elderly care and manages nursing homes and service flats and provides homecare and post-acute services. Colisée operates in France, Belgium, Spain, Italy and China.

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

1OJ 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.

2OJ L 1, 3.1.1994, p. 3 (the ‘EEA Agreement’).

3Publication in the Official Journal of the European Union No C 322, 30.9.2020, p. 28.

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.

paragraph 5(b) of the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004.

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) Olivier GUERSENT Director-General

4OJ C 366, 14.12.2013, p. 5.

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