EUROPEAN COMMISSION DG Competition

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REGULATION (EC) No 139/2004 MERGER PROCEDURE

Article 6(1)(b) NON-OPPOSITION Date: 08/11/2021

In electronic form on the EUR-Lex website under document number 32021M10446

EUROPEAN COMMISSION

Brussels, 8.11.2021 C(2021) 8153 final

PUBLIC VERSION

Swiss Life Holding AG General-Guisan-Quai 40 8022 – Zürich Switzerland

Gelsenwasser AG Willy-Brandt-Allee 26 45891 – Gelsenkirchen Germany

Dear Sir or Madam,

1.On 11 October 2021, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by which Swiss Life Holding AG (“Swiss Life”, Switzerland) and Gelsenwasser AG (“Gelsenwasser”, Germany) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of the whole of Infrareal GmbH (“Infrareal”, Germany) by way of purchase of shares.

The business activities of the undertakings concerned are:

−− for Swiss Life: a provider of comprehensive life, pensions and financial solutions. Under its umbrella brand, it offers individuals and corporations comprehensive and individual advice plus a broad range of own and partner products. Swiss Life is active in the life insurance sector and the investment and asset management segment,

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 424, 20.10.2021, p. 2-3.

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.

−− for Gelsenwasser: a utilities company that supplies natural gas and fresh water to residents in Germany. It is mainly active in five sectors: water, wastewater, energy networks, energy sales, and investments,

−− for Infrareal: consists of a holding company and two operational subsidiaries, Pharmaserv GmbH and Pharmapark Jena GmbH. Pharmaserv GmbH and Pharmapark Jena GmbH operate business parks in Germany with a focus on the life science sector and provide, inter alia, site management services, integrated infrastructure, and technical and logistics services in this regard.

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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