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: 19/06/2018

EUROPEAN COMMISSION

Brussels, 19.6.2018 C(2018) 3964 final

PUBLIC VERSION

To the Notifying Parties

Dear Sir or Madam,

1.1. On 14 May 2018, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by which Mitsubishi Corporation ("Mitsubishi Corporation", Japan) and Arjun Infrastructure Partners Limited ("AIP", UK) acquire, within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation, joint control of the whole of South Staffordshire plc ("SSF", UK). The concentration is accomplished by way of purchase of shares.

2. The business activities of the undertakings concerned are:

- Mitsubishi Corporation is a global integrated trading company which develops and operates businesses across a variety of industries,

- AIP is an independent infrastructure investment advisory company,

- South Staffordshire is an integrated services group active in the areas of regulated and unregulated water supply and related services. South Staffordshire is currently jointly controlled by Mitsubishi Corporation and KKR & Co. L.P.

3.3. 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

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 181, 28.5.2018, p. 10.

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 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) Johannes LAITENBERGER Director-General

4OJ C 366, 14.12.2013, p. 5.

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