EUROPEAN COMMISSION DG Competition

Only the English text is available and authentic.

REGULATION (EC) No 139/2004 MERGER PROCEDURE

Article 6(1)(b) NON-OPPOSITION Date: 08/02/2022

In electronic form on the EUR-Lex website under document number 32022M10555

EUROPEAN COMMISSION

Brussels, 8.2.2022 C(2022) 889 final

PUBLIC VERSION

AustralianSuper Level 30, 130 Lonsdale Street Melbourne, VIC 3000 Australia

CPP Investments One Queen Street East Suite 2500, Toronto, ON – M5C 2W5 Canada

Transurban Holdings Limited Level 31, Tower Five, Collins Square, 727 Collins Street, Docklands Victoria 3008, Australia

Tawreed Investments Limited PO Box 709, Willow House Cricket Square Grand Cayman KY1-1107 Cayman Islands

Dear Sir or Madam,

1.On 14 January 2022, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by which AustralianSuper Pty Ltd (“AustralianSuper”, Australia), Canada Pension Plan Investment Board (“CPP Investments”, Canada), Transurban Holdings Limited (“Transurban”, Australia), and Tawreed Investments Limited (“Tawreed”, Cayman Islands), ultimately controlled by Abu Dhabi Investment Authority (“ADIA”, UAE), acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control over the whole of WestConnex (“WCX”, Australia). The concentration is accomplished by way of contract or any other means.

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’).

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.

The business activities of the undertakings concerned are:

- for Tawreed: investment company that manages a global investment portfolio and focusses on infrastructures assets,

- for AustralianSuper: industry public offer superannuation and pension fund,

- for Transurban: toll road operator that manages and develops urban toll road networks in Australia, Canada and the United States,

- for CPP Investments: investment management organisation,

- for WCX: development, maintenance, operation and marketing of toll roads in Australia.

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.

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

3Publication in the Official Journal of the European Union No C 31, 21.01.2022, p. 8

4OJ C 366, 14.12.2013, p. 5.

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