32004M3646

Commission Decision of 17/12/2004 declaring a concentration to be compatible with the common market (Case No IV/M.3646 - MABSA / BELGIAN STATE / BIAC / JV) according to Council Regulation (EEC) No 4064/89 (Only the English text is authentic)


| |Brussels, 17/12/2004

SG-Greffe(2004) D/205934

To the notifying parties

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

Subject : Case No. COMP/M.3646 – MABSA/Belgian State/BIAC/JV Notification of 18.11.2004 pursuant to Article 4 of Council Regulation (EC) No. 139/2004 [1] Publication in the Official Journal of the European Union No. C 292, 30.11.2004

1. On 18.11.2004, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (“ECMR”) by which the Luxembourg based undertaking Macquarie Airports Brussels S.A. (“MABSA”), which belongs to the Australian Macquarie Group, acquires within the meaning of Article 3(1)(b) of the Council Regulation joint control of Brussels International Airport Company N.V./S.A. (“BIAC”), together with the Belgian State, by way of purchase of shares.

2. The business activities of the undertakings concerned are :

- for MABSA : purchase vehicle corporation,

- for Macquarie Group: banking, mostly in Australia, and

- for BIAC : owner and operator of Brussels National Airport, located in Zaventem.

3. After examination of the notification, the Commission has concluded that the notified operation falls within the scope of Council Regulation (EC) No. 139/2004 and of paragraph 5, subparagraph b, of the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No139/2004[2].

4. For the reasons set out in the Notice on a simplified procedure, the Commission has decided not to oppose the notified operation and to declare it compatible with the common market and with the EEA Agreement. This decision is adopted in application of Article 6(1)(b) of Council Regulation (EC) No. 139/2004.

For the Commission

Neelie KROESMember of the Commission signed

[1] OJ L 24, 29.1.2004 p. 1

[2] Available on DG COMP website: http://europa.eu.int/comm/competition/mergers/legislation/consultation/simplified_tru.pdf.

MERGER PROCEDURE

ARTICLE 6(1)(b) DECISION

SIMPLIFIED PROCEDURE

PUBLIC VERSION