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: 07/09/2016

In electronic form on the EUR-Lex website under document number 32016M8178

EUROPEAN COMMISSION

Brussels, 07.09.2016 C(2016) 5790 final

PUBLIC VERSION

SIMPLIFIED MERGER PROCEDURE

To the notifying party:

Dear Sirs,

1.On 09.08.2016, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by which FR XIII Foxtrot AIV, L.P. ("First Reserve", Cayman Islands) acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of Morrison Utility Services Group Limited ("MUS", UK) by way of a purchase of shares.

The business activities of the undertakings concerned are:

- First Reserve is a global private equity and infrastructure investment group, focused on investing in the energy industry;

- MUS is a UK-based service provider for utility companies in the electricity, gas, water and telecommunications sectors, helping to renew, refurbish and maintain infrastructure and networks.

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 297, 17/08/2016, p.12.

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.

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

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

4OJ C 366, 14.12.2013, p. 5.

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