# C_2006169EN.01000401.xml

| 21.7.2006 | EN | Official Journal of the European Union | C 169/4 |
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21.7.2006

EN

Official Journal of the European Union

C 169/4

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Prior notification of a concentration

(Case COMP/M.4266 — Atel Energia/Azienda Energetica — Etschwerke/Energ.IT)

Candidate case for simplified procedure

(2006/C 169/04)

(Text with EEA relevance)

| 1. | On 12 July 2006, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertakings Atel Energia S.r.l. (‘Atel’, Switzerland) controlled by Motor Columbus AG (‘MC’ Switzerland) and Azienda Energetica S.p.A. — Etschwerke AG (‘AE-EW’, Italy) acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of the undertaking Energ.IT (‘Energ.IT’, Italy) by way of purchase of shares. |
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1.

On 12 July 2006, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertakings Atel Energia S.r.l. (‘Atel’, Switzerland) controlled by Motor Columbus AG (‘MC’ Switzerland) and Azienda Energetica S.p.A. — Etschwerke AG (‘AE-EW’, Italy) acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of the undertaking Energ.IT (‘Energ.IT’, Italy) by way of purchase of shares.

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| 2. | The business activities of the undertakings concerned are:






  — | for Atel: electricity generation and wholesale supply and provision of some minor ancillary/balancing services and other energy services; |
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2.

The business activities of the undertakings concerned are:

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for Atel: electricity generation and wholesale supply and provision of some minor ancillary/balancing services and other energy services;

| — | for AE-EW: electricity generation, distribution, transmission, wholesale and retail supply and provision of some minor ancillary/balancing services and other energy services; |
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for AE-EW: electricity generation, distribution, transmission, wholesale and retail supply and provision of some minor ancillary/balancing services and other energy services;

| — | for Energ.IT: electricity generation, wholesale and retail supply. |
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for Energ.IT: electricity generation, wholesale and retail supply.

| 3. | On preliminary examination, the Commission finds that the notified transaction could fall within the scope of Regulation (EC) No 139/2004. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice. |
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3.

On preliminary examination, the Commission finds that the notified transaction could fall within the scope of Regulation (EC) No 139/2004. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice.

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| 4. | The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.
  Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (No (32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.4266 — Atel Energia/Azienda Energetica — Etschwerke/Energ.IT, to the following address:





  European Commission |
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| Directorate-General for Competition |
| Merger Registry |
| J-70 |
| B-1049 Brussels |

4.

The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.

Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (No (32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.4266 — Atel Energia/Azienda Energetica — Etschwerke/Energ.IT, to the following address:

European Commission

Directorate-General for Competition

Merger Registry

J-70

B-1049 Brussels

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(1)  OJ L 24, 29.1.2004, p. 1.

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(2)  OJ C 56, 5.3.2005, p. 32.

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