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: 12/01/2022

In electronic form on the EUR-Lex website under document number 32022M10538

EUROPEAN COMMISSION

Brussels, 12.1.2022 C(2022) 276 final

PUBLIC VERSION

VINCI Highways S.A. 1973 boulevard de la Défense 92000 Nanterre France

LINEAS – CONCESSÕES DE TRANSPORTES, SGPS, S.A. o Rua Mário Dionísio n.2 2799-557 Linda-a-Velha Portugal

Dear Sir or Madam,

1.On 9 December 2021, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by which the undertakings VINCI Highways S.A. (“VINCI”, France) and LINEAS – CONCESSÕES DE TRANSPORTES, SGPS, S.A. (“LINEAS”, Portugal) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control over the whole of the undertaking Lusoponte – Concessionária para a Travessia do Tejo S.A (“Lusoponte”, Portugal) by way of purchase of shares.

The business activities of the undertakings concerned are:

for VINCI: mainly active in the motorways concessions sector. VINCI belongs to the VINCI Group, a diversified group mainly active in France and several other countries, both within and outside the European Union, in the fields of concessions and infrastructures (mainly airports and motorways), construction, public works and

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 509, 17.12.2021, p. 18.

civil engineering, electrical engineering, air-conditioned engineering, mechanical engineering and road works;

for LINEAS: manages shareholdings in companies operating exclusively in the public and private road concessions sector as well as in companies that participate in public and private procurements for road, railway and airport concessions. LINEAS is active in Portugal, Spain and Brazil;

for Lusoponte: holds the concession for the project design, construction, financing, operation and maintenance under a toll system of the Vasco da Gama Bridge and the 25 de Abril Bridge over the Tagus River in Lisbon, which will expire in March 2030.

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

OJ C 366, 14.12.2013, p. 5.

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