EN

Case No COMP/M.6335 - ABERTIS INFRAESTRUCTURAS/ GOLDMAN SACHS GROUP/ AUTOPISTAS METROPOLITANAS DE PUERTO RICO

Only the English text is available and authentic.

REGULATION (EC) No 139/2004 MERGER PROCEDURE

Article 6(1)(b) NON-OPPOSITION Date: 31/08/2011

Office for Publications of the European Union L-2985 Luxembourg

EUROPEAN COMMISSION

Brussels, 31.08.2011 C(2011) 6308

PUBLIC VERSION

SIMPLIFIED MERGER PROCEDURE

To the notifying parties:

Dear Madam(s) and/or Sir(s),

Subject: Case No COMP/M.6335 – ABERTIS INFRAESTRUCTURAS/ GOLDMAN SACHS GROUP/ AUTOPISTAS METROPOLITANAS DE PUERTO RICO Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC) No 139/2004

1.On 01/08/2011, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by which the undertakings Goldman Sachs Group, Inc. ("Goldman Sachs", United States of America), and Abertis Infraestructuras S.A. ("Abertis", Spain) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of the undertaking Autopistas Metropolitanas de Puerto Rico, LLC ("Autopistas Puerto Rico",United States of America) by way of purchase of shares in a newly created joint venture company.

The business activities of the undertakings concerned are:

-- for Goldman Sachs: global investment banking, securities and investment management worldwide.

-- for Abertis: provision of mobility and telecommunications infrastructure services

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.

2Publication in the Official Journal of the European Union No C231, 06.08.2011, p.11.

Commission européenne, 1049 Bruxelles, BELGIQUE / Europese Commissie, 1049 Brussel - BELGIË. Telephone: (32-2) 299 11 11.

for Autopistas Puerto Rico: management and operation of toll road concessions in Puerto Rico.

3After 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) and paragraph 5(b) of the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004.

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.

For the Commission (signed) Alexander ITALIANER Director General

3OJ C 56, 5.3.2005, p. 32.

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