# C_2017105EN.01000601.xml

| 4.4.2017 | EN | Official Journal of the European Union | C 105/6 |
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4.4.2017

EN

Official Journal of the European Union

C 105/6

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Prior notification of a concentration

(Case M.8445 — Duferco Energia/Energhe)

Candidate case for simplified procedure

(Text with EEA relevance)

(2017/C 105/07)

| 1. | On 22 March 2017, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which Duferco Energia SpA (‘Duferco’, Italy) acquires, within the meaning of Article 3(1)(b) of the Merger Regulation, sole control over a business unit (‘Target’) of Energhe SpA (‘Energhe’, Italy) by way of a purchase of assets. |
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1.

On 22 March 2017, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which Duferco Energia SpA (‘Duferco’, Italy) acquires, within the meaning of Article 3(1)(b) of the Merger Regulation, sole control over a business unit (‘Target’) of Energhe SpA (‘Energhe’, Italy) by way of a purchase of assets.

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






  — | Duferco includes companies active in different economic sectors; the portfolio is diverse and includes steel, energy and shipping among its main business activities. Duferco’s activities in the energy sector include trading, renewable power production and origination, wholesale and retail; |
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2.

The business activities of the undertakings concerned are:

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Duferco includes companies active in different economic sectors; the portfolio is diverse and includes steel, energy and shipping among its main business activities. Duferco’s activities in the energy sector include trading, renewable power production and origination, wholesale and retail;

| — | The Target is a business unit of Energhe SpA, a company belonging to the Ferrero group, the main business activity of which is to sell energy. |
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The Target is a business unit of Energhe SpA, a company belonging to the Ferrero group, the main business activity of which is to sell energy.

| 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 the 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. |
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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 the 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.

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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 22964301), by email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference M.8445 — Duferco Energia/Energhe, to the following address:





  European Commission |
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| 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.8445 — Duferco Energia/Energhe, to the following address:

European Commission

Directorate-General for Competition

Merger Registry

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

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

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

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