# C_2016424EN.01001401.xml

| 18.11.2016 | EN | Official Journal of the European Union | C 424/14 |
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18.11.2016

EN

Official Journal of the European Union

C 424/14

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Prior notification of a concentration

(Case M.8260 — DCNS/SPI/DCNS Energies)

Candidate case for simplified procedure

(Text with EEA relevance)

(2016/C 424/08)

| 1. | On 11 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 undertaking DCNS SA (‘DCNS’, based in France, controlled jointly by the French State and the Thales group, itself controlled jointly by the French State and the Marcel Dassault group) and the fund SPI Société de Projets Industriels (‘SPI’, based in France, represented and managed by the undertaking Bpifrance Investissement, a member of the BPI group, itself controlled by the French State and the Caisse des Dépôts et Consignations) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of DCNS Energies (‘DCNS Energies’, France) by way of purchase of shares. |
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1.

On 11 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 undertaking DCNS SA (‘DCNS’, based in France, controlled jointly by the French State and the Thales group, itself controlled jointly by the French State and the Marcel Dassault group) and the fund SPI Société de Projets Industriels (‘SPI’, based in France, represented and managed by the undertaking Bpifrance Investissement, a member of the BPI group, itself controlled by the French State and the Caisse des Dépôts et Consignations) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of DCNS Energies (‘DCNS Energies’, France) by way of purchase of shares.

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| 2. | The business activities of the undertakings concerned are:
  —   DCNS: undertaking specialising in the design, construction and maintenance of submarines, surface vessels, naval defence systems and weapons systems, and in engineering, construction, installation, maintenance and project management in the marine renewable energy sector,
  —   SPI: professional private equity fund investing in key projects for French industry,
  —   DCNS Energies: undertaking grouping together all DCNS’s activities in the marine renewable energy sector (ocean thermal energy, floating wind power and wave energy). |
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2.

The business activities of the undertakings concerned are:

—   DCNS: undertaking specialising in the design, construction and maintenance of submarines, surface vessels, naval defence systems and weapons systems, and in engineering, construction, installation, maintenance and project management in the marine renewable energy sector,

DCNS

—   SPI: professional private equity fund investing in key projects for French industry,

SPI

—   DCNS Energies: undertaking grouping together all DCNS’s activities in the marine renewable energy sector (ocean thermal energy, floating wind power and wave energy).

DCNS Energies

| 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.8260 — DCNS/SPI/DCNS Energies, 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.8260 — DCNS/SPI/DCNS Energies, 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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