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: 04/02/2019

In electronic form on the EUR-Lex website under document number 32019M9141

EUROPEAN COMMISSION

Brussels, 04.02.2019 C(2019) 920 final

PUBLIC VERSION

To the notifying parties

Dear Sir or Madam,

1.On 9 January 2019, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by which Diamond Transmission Corporation Limited (‘DTC’, United Kingdom), controlled by Mitsubishi Corporation (‘MC’, Japan), and Infrared Capital Partners Limited (‘IRCP’, United Kingdom), controlled by InfraRed Capital Partners (Management) LLP (United Kingdom), acquire within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control of the whole of Diamond Transmission Partners RB (Holding) Limited (‘Target’, United Kingdom), currently solely controlled by DTC.

The business activities of the undertakings concerned are:

DTC is a holding company that integrates MC’s investment activities in the electricity transmission sector,

IRCP is an infrastructure investment management company active in financial advice and managing investments on behalf of investment funds,

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 20, 16.01.2019, p. 7.

the Target is the holding company of its wholly owned subsidiary Diamond Transmission Partners RB Limited which is the Offshore Transmission Owner for the Race Bank offshore windfarm located in UK waters in the North Sea. It is active in the transmission of electricity from this windfarm to the UK’s onshore National Electricity Transmission System.

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 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

OJ C 366, 14.12.2013, p. 5.

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