# C_2007032EN.01000601.xml

| 14.2.2007 | EN | Official Journal of the European Union | C 32/6 |
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14.2.2007

EN

Official Journal of the European Union

C 32/6

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Prior notification of a concentration

(Case COMP/M.4528 — GSW/MVV/JV)

Candidate case for simplified procedure

(Text with EEA relevance)

(2007/C 32/03)

| 1. | On 6 February 2007 the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking MVV Energie AG (‘MVV’, Germany), controlled by the City of Mannheim, Germany, and GSW Gemeinnützige Siedlungs- und Wohnungsbaugesellschaft Berlin mbH (‘GSW’, Germany), jointly controlled by The Goldman Sachs Group, Inc. (‘Goldman Sachs’, USA) and the Cerberus Group (‘Cerberus’, USA), acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of the undertaking WGB Wärme GmbH & Co. KG (‘WGB’, Germany), a company previously controlled solely by GSW by way of purchase of securities. |
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1.

On 6 February 2007 the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking MVV Energie AG (‘MVV’, Germany), controlled by the City of Mannheim, Germany, and GSW Gemeinnützige Siedlungs- und Wohnungsbaugesellschaft Berlin mbH (‘GSW’, Germany), jointly controlled by The Goldman Sachs Group, Inc. (‘Goldman Sachs’, USA) and the Cerberus Group (‘Cerberus’, USA), acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of the undertaking WGB Wärme GmbH & Co. KG (‘WGB’, Germany), a company previously controlled solely by GSW by way of purchase of securities.

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






  — | GSW: rental and management of real estates, |
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2.

The business activities of the undertakings concerned are:

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GSW: rental and management of real estates,

| — | Goldman Sachs: investment banking, |
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Goldman Sachs: investment banking,

| — | Cerberus: investments in real and financial assets in diverse industries worldwide, |
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Cerberus: investments in real and financial assets in diverse industries worldwide,

| — | MVV: generation and distribution of electricity, heat, gas and water, |
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MVV: generation and distribution of electricity, heat, gas and water,

| — | City of Mannheim: municipal activities, rental and management of real estates, |
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City of Mannheim: municipal activities, rental and management of real estates,

| — | WGB: energy contracting and property management services. |
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WGB: energy contracting and property management services.

| 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 (fax No (32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.4528 — GSW/MVV/JV, to the following address:





  European Commission |
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| Directorate-General for Competition |
| Merger Registry |
| J-70 |
| B-1049 Bruxelles/Brussel |

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 (fax No (32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.4528 — GSW/MVV/JV, to the following address:

European Commission

Directorate-General for Competition

Merger Registry

J-70

B-1049 Bruxelles/Brussel

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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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