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: 01/04/2022

In electronic form on the EUR-Lex website under document number 32022M10675

EUROPEAN COMMISSION

Brussels, 01.04.2022 C(2022) 2198 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

CDPQ Édifice Jacques-Parizeau, 1000, Place Jean-Paul-Riopelle Montréal, Québec H2Z 2B3 Canada

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

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.

Dear Sir or Madam,

1.On 9 March 2022, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by which Caisse de dépôt et placement du Québec (“CDPQ”, Canada), Transurban Holdings Limited (“Transurban”, Australia), AustralianSuper Pty Ltd (“AustralianSuper”, Australia), Canada Pension Plan Investment Board (“CPP Investments”, Canada), and Tawreed Investments Limited (“Tawreed”, Cayman Islands, controlled by Abu Dhabi Investment Authority (“ADIA”, UAE)), will acquire within the meaning of Articles 3(1)(b) and 3(4) of the Merger Regulation joint control of the whole of WestConnex (“WCX”, Australia) by way of contract.

The business activities of the undertakings concerned are the following:

CDPQ is a long-term institutional investor that manages funds primarily for public and para-public pension and insurance plans in the Province of Québec, and primarily invests in infrastructure assets,

Transurban is a toll road operator company that manages and develops urban toll road networks in Australia, Canada and the United States,

AustralianSuper is Australia’s largest industry public offer superannuation and pension fund with global investment activities,

CPP Investments is an investment management organisation that invests the funds transferred to it by the Canada Pension Plan (pension fund), principally in public equities, private equities, real estate, infrastructure and fixed in-come investments,

Tawreed owns various infrastructure investments and manages a global investment portfolio. ADIA, Tawreed’s parent company, is a government entity owned by the Emirate of Abu Dhabi which manages a diversified global investment portfolio,

WCX is engaged in the development, maintenance and operation of toll roads in Sydney, New South Wales.

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

2replacement of ‘Community’ by ‘Union’ and ‘common market’ by ‘internal market’. The terminology of the TFEU will be used throughout this decision.

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

Publication in the Official Journal of the European Union No C 122, 17.3.2022, p. 36.

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

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