# C_2007112EN.01002101.xml

| 22.5.2007 | EN | Official Journal of the European Union | C 112/21 |
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22.5.2007

EN

Official Journal of the European Union

C 112/21

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Prior notification of a concentration

(Case COMP/M.4675 — Iberdrola/api/SER JV)

Candidate case for simplified procedure

(Text with EEA relevance)

(2007/C 112/13)

| 1. | On 11 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 Iberdrola S.A. (‘Iberdrola’, Spain) and api holding S.p.A. (‘api’, Italy) acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of the undertaking Società Energie Rinnovabili S.r.l. (‘SER’, Italy) by way of purchase of shares in an existing company constituting a joint venture. |
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1.

On 11 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 Iberdrola S.A. (‘Iberdrola’, Spain) and api holding S.p.A. (‘api’, Italy) acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of the undertaking Società Energie Rinnovabili S.r.l. (‘SER’, Italy) by way of purchase of shares in an existing company constituting a joint venture.

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






  — | for Iberdrola: Generation, transmission, distribution, supply and trading of electricity, and the supply of natural gas; |
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2.

The business activities of the undertakings concerned are:

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for Iberdrola: Generation, transmission, distribution, supply and trading of electricity, and the supply of natural gas;

| — | for api: commercialisation and distribution of oil products as well as the generation and wholesale supply of electricity in Italy; |
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for api: commercialisation and distribution of oil products as well as the generation and wholesale supply of electricity in Italy;

| — | for SER: the generation and wholesale supply of electricity from wind power in Italy. |
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for SER: the generation and wholesale supply of electricity from wind power in Italy.

| 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.4675 — Iberdrola/api/SER 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.4675 — Iberdrola/api/SER 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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