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Brussels, 16 February 2011

Mergers: Commission clears proposed acquisition of Arriva Deutschland by Ferrovie dello Stato and Cube

The European Commission has approved under the EU Merger Regulation the proposed acquisition of Arriva Deutschland by Ferrovie dello Stato and Cube Transport. This transaction implements the commitments given by Deutsche Bahn in the context of its acquisition of the Arriva group. The Commission concluded that the operation would not significantly reduce competition in all or part of the European Economic Area (EEA).

Arriva Deutschland comprises Arriva Deutschland GmbH and Arriva Grundstücksgesellchaft and is active in Germany in the passenger transport by rail and bus, the freight transport by rail and road, as well as in freight trans-shipment and maintenance services.

Ferrovie dello Stato SpA (FS) is the Italian national rail operator active, via Trenitalia and other subsidiaries, in passenger rail and bus services, rail freight services, and the provision of rail infrastructure. Cube Transport SCA (Cube) is a subsidiary of Cube Infrastructure Fund, an investment fund specialised in infrastructure and public services and ultimately controlled by the French banking group BPCE.

Under the proposed transaction, FS and Cube acquire Arriva Deutschland from Deutsche Bahn, the German incumbent rail and bus operator. Deutsche Bahn's acquisition of the Arriva group was cleared by the Commission on 11 August 2010 subject to the divestment of Arriva's entire rail and bus business in Germany (see IP/10/1049). The Commission today accepted FS and Cube as buyer of Arriva Deutschland and approved the acquisition.

Since the Commission decision of 11 August 2011, Arriva Deutschland has been held separately from the rest of the Arriva group to avoid any insight of Deutsche Bahn into its business. The respect of these hold separate obligations has been monitored by a trustee. Following the swift divestiture to its new owners, Arriva Deutschland is expected to further expand its role as an important competitor in the German rail and bus markets.

The acquisition of Arriva Deutschland by FS and Cube was notified to the Commission on 18 January 2011. It was examined under the simplified merger review procedure because the parties' activities overlap only marginally and their combined market share in those relevant markets is below 15%.

More information on the case will be available at:

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