EUROPEAN COMMISSION DG Competition

Case M.10287 - PROXIMUS / BESIX / SL / i.LECO

Only the English text is available and authentic.

REGULATION (EC) No 139/2004 MERGER PROCEDURE

Article 6(1)(b) NON-OPPOSITION Date: 07/09/2021

In electronic form on the EUR-Lex website under document number 32021M10287

EUROPEAN COMMISSION

Brussels, 7.9.2021 C(2021) 6656 final

PUBLIC VERSION

Proximus NV/SA Koning Albert II-laan 27 1030 Brussels Belgium

N.V. Besix S.A. Avenue des Communautés 100 1200 Brussels Belgium

Stefan Lodeweyckx Bredabaan 1032 2990 Wuustwezel Belgium

Subject: Case M.10287 — Proximus/Besix/SL/i.Leco 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.On 11 August 2021, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by which Proximus NV (“Proximus”, Belgium), N.V. Besix S.A. (“Besix”, Belgium), belonging to the Besix Group (Belgium), and Stefan Lodeweyckx (“SL”, Belgium), acquire within the meaning of Articles 3(1)(b) and 3(4) of the Merger Regulation joint control over the whole of the undertaking i.Leco NV (“JV” or “i.Leco”, Belgium) by way of purchase of shares and a subsequent capital increase.

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 332, 18.08.2021, 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.

The business activities of the undertakings concerned are:

- for Proximus: fixed and mobile electronic communication services and networks for residential and business customers in Belgium,

- for Besix: construction services, including building works, marine works, infrastructure, environmental works, sports and leisure facilities as well as industrial building works,

- for SL: a private individual, current Chief Executive Officer (CEO) of i.LECO, and

- for i.Leco: development and provision of software and building energy management solutions for the smart building solutions industry.

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(a) 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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