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: 04/02/2022

In electronic form on the EUR-Lex website under document number 32022M10569

EUROPEAN COMMISSION

Brussels, 04/02/2022 C(2022) 795 final

PUBLIC VERSION

KKR & Co 30 Hudson Yards New York, NY 10001 United States of America

Global Infrastructure Management, LLC 1345 Avenue of the Americas, 30th Floor, New York, NY 10105, United States of America

Dear Sir or Madam,

1.On 12 January 2022, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by which KKR & Co. Inc. (“KKR”, USA) and Global Infrastructure Management, LLC (“GIP”, USA) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control over the whole of the undertaking CyrusOne, Inc. (“CyrusOne”, USA) by way of purchase of shares.

The business activities of the undertakings concerned are:

 for KKR: a global investment firm that offers alternative asset management and capital markets and insurance solutions;

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 40, 26.01.2022, p. 14.

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 GIP: an independent infrastructure fund manager investing in and managing assets that are mainly in the transportation, energy, waste and water sectors;

 for CyrusOne: a real estate investment trust that owns, operates and develops enterprise-class, carrier-neutral, multi-tenant and single-tenant data centre properties in the US and Europe.

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.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

OJ C 366, 14.12.2013, p. 5.

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