# C_2017134EN.01001301.xml

| 28.4.2017 | EN | Official Journal of the European Union | C 134/13 |
| --- | --- | --- | --- |

28.4.2017

EN

Official Journal of the European Union

C 134/13

---

Prior notification of a concentration

(Case M.8447 — EDF/CDC/Mitsubishi Corporation/NGM)

Candidate case for simplified procedure

(Text with EEA relevance)

(2017/C 134/05)

| 1. | On 21 April 2017, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertakings EDF (France), CDC (France) and Mitsubishi Corporation (‘MHI’, Japan) acquire within the meaning of Article 3(1)(b) and Article 3(4) of the Merger Regulation joint control of NGM S.A.S (‘NGM’, France) by way of purchase of shares in a newly created company constituting a joint venture. |
| --- | --- |

1.

On 21 April 2017, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertakings EDF (France), CDC (France) and Mitsubishi Corporation (‘MHI’, Japan) acquire within the meaning of Article 3(1)(b) and Article 3(4) of the Merger Regulation joint control of NGM S.A.S (‘NGM’, France) by way of purchase of shares in a newly created company constituting a joint venture.

1

| 2. | The business activities of the undertakings concerned are:
  —   for EDF: energy company mainly active in the electricity sector, especially in the production, trading, transmission, distribution and wholesale and retail supply of electricity, both in France and abroad. The EDF Group is also active in the gas sector and the supply of energy services, both in France and abroad.
  —   for CDC: French public institution active in the financing of public-interest investment projects and in shareholding acquisitions in sectors opened to competition, as well as in the management of private funds to which public authorities wish to provide special protection.
  —   for MHI: Japanese conglomerate active across various industries including environment and infrastructure, manufacturing, finance, energy, metals, machinery, chemicals and food.
  —   for NGM: development, financing and management of various electric mobility projects, in particular operational leasing and related maintenance services on electric batteries for urban buses in France. |
| --- | --- |

2.

The business activities of the undertakings concerned are:

—   for EDF: energy company mainly active in the electricity sector, especially in the production, trading, transmission, distribution and wholesale and retail supply of electricity, both in France and abroad. The EDF Group is also active in the gas sector and the supply of energy services, both in France and abroad.

for EDF

—   for CDC: French public institution active in the financing of public-interest investment projects and in shareholding acquisitions in sectors opened to competition, as well as in the management of private funds to which public authorities wish to provide special protection.

for CDC

—   for MHI: Japanese conglomerate active across various industries including environment and infrastructure, manufacturing, finance, energy, metals, machinery, chemicals and food.

for MHI

—   for NGM: development, financing and management of various electric mobility projects, in particular operational leasing and related maintenance services on electric batteries for urban buses in France.

for NGM

| 3. | On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the Merger Regulation. 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 this Notice. |
| --- | --- |

3.

On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the Merger Regulation. 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 this Notice.

2

| 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 22964301), by email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference M.8447 — EDF/CDC/Mitsubishi Corporation/NGM, to the following address:





  European Commission |
| --- | --- |
| Directorate-General for Competition |
| Merger Registry |
| 1049 Bruxelles/Brussel |
| BELGIQUE/BELGIË |

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 22964301), by email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference M.8447 — EDF/CDC/Mitsubishi Corporation/NGM, to the following address:

European Commission

Directorate-General for Competition

Merger Registry

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

---

(1)  OJ L 24, 29.1.2004, p. 1 (the ‘Merger Regulation’).

1

(2)  OJ C 366, 14.12.2013, p. 5.

2

---