EUROPEAN COMMISSION DG Competition

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REGULATION (EC) No 139/2004 MERGER PROCEDURE

Article 6(1)(b) NON-OPPOSITION Date: 26/04/2019

In electronic form on the EUR-Lex website under document number 32019M9271

EUROPEAN COMMISSION

Brussels, 26.04.2019 C(2019) 3311 final

PUBLIC VERSION

To the notifying parties:

Subject: Case M.9271 – 3i Group/TIIC Management/Aberdeen Infrastructure/DirectRoute (Fermoy) Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC) No 139/2004 and Article 57 of the Agreement on the European Economic Area

Dear Sir or Madam,

1.1. On 29 March 2019, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by which 3i Group plc (“3i”, United Kingdom), TIIC Management S.à.r.l. (“TIIC Management”, Luxembourg) and Aberdeen Infrastructure Partners LP Inc (“AIPLP”, Guernsey) acquire within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control of the whole of DirectRoute (Fermoy) Holdings Limited (“Fermoy HoldCo”, Ireland), which in turn has sole control over DirectRoute (Fermoy) Limited (“FermoyCo”, Ireland), by way of purchase of shares.

2. The business activities of the undertakings concerned are:

–– for 3i: international investment company with two complementary businesses, Private Equity and Infrastructure, specialising in core investment markets in northern Europe and North America,

–– for TIIC Management: a pan-European infrastructure firm investing into mid-market infrastructure projects across Europe in both the transportation and social sectors,

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 126, 5.4.2019, p. 5.

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.

–– for AIPLP: investment portfolio consisting of Private Finance Initiative and Public Private Partnerships (PPP) assets,

–– for Fermoy HoldCo: parent company of FermoyCo, which is active in the operation and maintenance of the M8 Rathcormac/Fermoy Bypass in Ireland for 30 years pursuant to a concession contract awarded in 2004.

3.3. 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

4 OJ C 366, 14.12.2013, p. 5.

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