# C_2017120EN.01002701.xml

| 13.4.2017 | EN | Official Journal of the European Union | C 120/27 |
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13.4.2017

EN

Official Journal of the European Union

C 120/27

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Prior notification of a concentration

(Case M.8455 — STRABAG/Rohöl-Aufsuchungs AG/JV)

Candidate case for simplified procedure

(Text with EEA relevance)

(2017/C 120/15)

| 1. | On 5 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 ILBAU Liegenschaftsverwaltung AG, ultimately controlled by STRABAG SE (‘STRABAG’, Austria) and Rohöl-Aufsuchungs Aktiengesellschaft, ultimately controlled by EVN AG (‘EVN’, Austria) acquire within the meaning of Article 3(1)(b) and Article 3(4) of the Merger Regulation joint control over the whole of the undertaking Projektgesellschaft Geoenergie Bayern Projekt Garching a.d. Alz GmbH & Co. KG (‘JV’, Germany) by way of purchase of shares in a newly created company constituting a joint venture. |
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1.

On 5 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 ILBAU Liegenschaftsverwaltung AG, ultimately controlled by STRABAG SE (‘STRABAG’, Austria) and Rohöl-Aufsuchungs Aktiengesellschaft, ultimately controlled by EVN AG (‘EVN’, Austria) acquire within the meaning of Article 3(1)(b) and Article 3(4) of the Merger Regulation joint control over the whole of the undertaking Projektgesellschaft Geoenergie Bayern Projekt Garching a.d. Alz GmbH & Co. KG (‘JV’, Germany) by way of purchase of shares in a newly created company constituting a joint venture.

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| 2. | The business activities of the undertakings concerned are:
  —   for STRABAG: active worldwide in all segments of the construction business, especially in structural, construction and civil engineering, as well as road construction.
  —   for EVN: mainly active in the exploration and production of oil and gas, gas storage and distribution of electricity, gas and district heating.
  —   for the JV: holds the rights for the development of the deep geothermal energy project ‘Bruck’ in Garching a.d. Alz in Bavaria. The JV will further develop the Bruck project and will generate and supply electricity and district heating to third parties. Moreover, the JV is foreseen to develop other deep geothermal projects. |
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2.

The business activities of the undertakings concerned are:

—   for STRABAG: active worldwide in all segments of the construction business, especially in structural, construction and civil engineering, as well as road construction.

for STRABAG

—   for EVN: mainly active in the exploration and production of oil and gas, gas storage and distribution of electricity, gas and district heating.

for EVN

—   for the JV: holds the rights for the development of the deep geothermal energy project ‘Bruck’ in Garching a.d. Alz in Bavaria. The JV will further develop the Bruck project and will generate and supply electricity and district heating to third parties. Moreover, the JV is foreseen to develop other deep geothermal projects.

for the JV

| 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 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.8455 — STRABAG/Rohöl-Aufsuchungs AG/JV, 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.8455 — STRABAG/Rohöl-Aufsuchungs AG/JV, 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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