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: 25/03/2021

In electronic form on the EUR-Lex website under document number 32021M10174

EUROPEAN COMMISSION

Brussels, 25.03.2021 C(2021) 2122 final

PUBLIC VERSION

Pentacom Investment (UK) Holdco Limited Ropemaker Place 28 Ropemaker Street EC2Y 9HD – London United Kingdom

Aberdeen Standard European Infrastructure GP IV Limited Bow Bells House, 1 Bread Street EC4M 9HH – London United Kindgom

Dear Sir or Madam,

1.On 03 March 2021, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by which Pentacom Investments (UK) Holdco Limited (‘Macquarie’, UK), belonging to the Macquarie Group and Aberdeen Standard European Infrastructure GP IV Limited (‘Aberdeen’, UK), belonging to the Aberdeen Group acquire within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control Ucles InfraCo, S.L. (‘Ucles’, Spain) by way of purchase of shares.

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 87,15.03.2021, p.9.

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 Macquarie: global investment bank and financial services provider covering resources and commodities, green energy, conventional energy, financial institutions, infrastructure and real estate;

- for Aberdeen : asset manager active in sectors including transportation, social infrastructure, waste and water treatment and clean energy production networks;

- for Ucles: wholesale supply of broadband access services in Spain.

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.

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

4OJ C 366, 14.12.2013, p. 5.

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