# C_2016427EN.01000501.xml

| 19.11.2016 | EN | Official Journal of the European Union | C 427/5 |
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19.11.2016

EN

Official Journal of the European Union

C 427/5

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Prior notification of a concentration

(Case M.8234 — Enel/CDP Equity/Cassa Depositi e Prestiti/Enel Open Fiber/Metroweb Italia)

Candidate case for simplified procedure

(Text with EEA relevance)

(2016/C 427/05)

| 1. | On 10 November 2016, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertakings Enel SpA (‘Enel’, Italy) and Cassa Depositi e Prestiti SpA (‘CDP’, Italy), through its subsidiary CDP Equity SpA (‘CDPE’, Italy), acquire within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control of the undertaking resulting from the merger of Enel Open Fiber SpA (‘EOF’) and Metroweb Italia SpA (‘MW Italia’). |
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1.

On 10 November 2016, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertakings Enel SpA (‘Enel’, Italy) and Cassa Depositi e Prestiti SpA (‘CDP’, Italy), through its subsidiary CDP Equity SpA (‘CDPE’, Italy), acquire within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control of the undertaking resulting from the merger of Enel Open Fiber SpA (‘EOF’) and Metroweb Italia SpA (‘MW Italia’).

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| 2. | The business activities of the undertakings concerned are:
  —   Enel: operates in the production, distribution and supply of electricity and gas on a global scale,
  —   CDP: a public limited company under the public control of the Italian Government,
  —   CDPE: a holding company acquiring and managing shares in undertakings,
  —   EOF: active in the installation, supply and operation of high speed fibre-optic electronic communication networks,
  —   MW Italia: active in the installation, supply and operation of high speed fibre-optic electronic communication networks. |
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2.

The business activities of the undertakings concerned are:

—   Enel: operates in the production, distribution and supply of electricity and gas on a global scale,

Enel

—   CDP: a public limited company under the public control of the Italian Government,

CDP

—   CDPE: a holding company acquiring and managing shares in undertakings,

CDPE

—   EOF: active in the installation, supply and operation of high speed fibre-optic electronic communication networks,

EOF

—   MW Italia: active in the installation, supply and operation of high speed fibre-optic electronic communication networks.

MW Italia

| 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. |
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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 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 any observations on the proposed operation to the Commission.
  Observations must reach the Commission not later than 10 days following the date of publication of this notification. 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.8234 — Enel/CDP Equity/Cassa Depositi e Prestiti/Enel Open Fiber/Metroweb Italia, 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 any observations on the proposed operation to the Commission.

Observations must reach the Commission not later than 10 days following the date of publication of this notification. 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.8234 — Enel/CDP Equity/Cassa Depositi e Prestiti/Enel Open Fiber/Metroweb Italia, 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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