# C_2007111EN.01002601.xml

| 17.5.2007 | EN | Official Journal of the European Union | C 111/26 |
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17.5.2007

EN

Official Journal of the European Union

C 111/26

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Prior notification of a concentration

(Case COMP/M.4599 — RWE Power/Carbon/JV)

Candidate case for simplified procedure

(Text with EEA relevance)

(2007/C 111/14)

| 1. | On 10 May 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 undertakings Carbon Austria Projektentwicklungs GmbH (‘Carbon Austria’, Austria), itself controlled by Mr. Ferdinand Heilig (‘Mag. Heilig’, Austria) on the one hand and Andreas Asamer Beteiligungs- und Management GmbH, Austria, Manfred Asamer Beteiligungs- und Management GmbH, Austria, and Kurt Asamer Beteiligungs- und Management GmbH, Austria (together ‘Asamer Group’, Austria) on the other, and RWE Power AG (‘RWE Power’, Germany), itself controlled by RWE AG (‘RWE’, Germany), acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of the undertaking NewCo, Austria, a newly created company which they create as a joint venture. In addition, RWE Power acquires within the meaning of Article 3(1)(b) of the Council Regulation joint control, alongside Carbon Austria, of the undertaking Carbon Egypt Ltd. (‘Carbon Egypt’, Egypt) on the one hand and of the undertaking Carbon CDM Korea Ltd. (‘Carbon Korea’, Korea) on the other, by purchase of shares. Until now, both Carbon Egypt and Carbon Korea are under the sole control of Carbon Austria. |
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1.

On 10 May 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 undertakings Carbon Austria Projektentwicklungs GmbH (‘Carbon Austria’, Austria), itself controlled by Mr. Ferdinand Heilig (‘Mag. Heilig’, Austria) on the one hand and Andreas Asamer Beteiligungs- und Management GmbH, Austria, Manfred Asamer Beteiligungs- und Management GmbH, Austria, and Kurt Asamer Beteiligungs- und Management GmbH, Austria (together ‘Asamer Group’, Austria) on the other, and RWE Power AG (‘RWE Power’, Germany), itself controlled by RWE AG (‘RWE’, Germany), acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of the undertaking NewCo, Austria, a newly created company which they create as a joint venture. In addition, RWE Power acquires within the meaning of Article 3(1)(b) of the Council Regulation joint control, alongside Carbon Austria, of the undertaking Carbon Egypt Ltd. (‘Carbon Egypt’, Egypt) on the one hand and of the undertaking Carbon CDM Korea Ltd. (‘Carbon Korea’, Korea) on the other, by purchase of shares. Until now, both Carbon Egypt and Carbon Korea are under the sole control of Carbon Austria.

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






  — | RWE: energy, water, mining, commodities, mineral oil, chemistry, waste disposal; |
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2.

The business activities of the undertakings concerned are:

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RWE: energy, water, mining, commodities, mineral oil, chemistry, waste disposal;

| — | Carbon Austria: development and implementation of projects to reduce green house gases and sale of emission rights; |
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Carbon Austria: development and implementation of projects to reduce green house gases and sale of emission rights;

| — | Asamer Group: aggregates, cement, concrete, recycling, real estate and tourism; |
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Asamer Group: aggregates, cement, concrete, recycling, real estate and tourism;

| — | NewCo: development and implementation of climate protection projects; |
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NewCo: development and implementation of climate protection projects;

| — | Carbon Eygpt; development and implementation of projects in Egypt to reduce green house gases and sale of emission rights; |
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Carbon Eygpt; development and implementation of projects in Egypt to reduce green house gases and sale of emission rights;

| — | Carbon Korea: development and implementation of projects in Korea to reduce green house gases and sale of emission rights. |
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Carbon Korea: development and implementation of projects in Korea to reduce green house gases and sale of emission rights.

| 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 ((32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.4599 — RWE Power/Carbon/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 ((32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.4599 — RWE Power/Carbon/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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