# m8775.docx

| | EUROPEAN COMMISSION |
| --- | --- |

EUROPEAN COMMISSION

Brussels, 15.2.2018

C(2018) 1059 final

PUBLIC VERSION

To the notifying party:

To the notifying party:

Subject:Case M.8775 - SHELL / IMPELLO

  Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC) No 139/2004
  1
  and Article 57 of the Agreement on the European Economic Area
  2

Subject

:

Case M.

8775 - SHELL / IMPELLO

Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC)

No

139/2004

1

and Article 57 of the Agreement on the European Economic Area

2

Dear Sir or Madam,

Dear Sir or Madam,

1.On 22 January 2018, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by which The Shell Petroleum Company Limited, controlled by Royal Dutch Shell plc. ("Shell", United Kingdom), acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of Impello Limited ("Impello", United Kingdom) by way of a purchase of shares.
  3

1.

On

22 January 2018

,

the

European

Commission received notification of a proposed concentration pursuant to Article 4 of

the

Merger

Regulation by which

The Shell P

e

troleum Company Limited, controlled by Royal Dutch Shell plc.

("Shell", United Kingdom)

,

acquire

s within the meaning of Article 3(1)(b) of the Merger Regulation

control of the whole of

Impello Limited

("Impello", United Kingdom)

by way of

a

purchase of shares

.

3

2.The business activities of the undertakings concerned are:

2.

The business activities of the undertakings concerned are:

–
     for Shell : global group of energy and petrochemical companies with activities in oil and gas exploration, production, manufacturing, marketing and shipping of oil products and chemicals, and renewable energy products. Shell is also active in the trading and wholesale supply of electricity and gas, including in the UK and Germany.

–

Shell

:

g

lobal group of energy and petrochemical companies with activities in

oil and gas exploration, production, manufacturing, marketing and shipping of oil products and chemicals, and renewable energy products.

Shell is also active in the trading and wholesale supply of electricity and gas, including in the UK and Germany.

–
     for Impello : independent energy supplier to household customers in the UK and Germany (known as First Utility).

–

Impello

:

independent energy supplier to household customers in the UK and Germany

(known as First Utility).

3.After examination of the notification, the European Commission has concluded that the notified operation falls within the scope of the Merger Regulation and of paragraph 5 (c) of the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004.
  4

3.

After examination of the notification, the

European

Commission has concluded that the notified operation falls within the scope of

the

Merger

Regulation

and of

paragraph 5

(

c

)

of the Commission Notice on a simplified procedure for treatment of certain concentrations under

Council Regulation (EC)

No

139/2004

.

4

4.For the reasons set out in the Notice on a simplified procedure, the European Commission has decided not to oppose the notified operation and to declare it compatible with the internal market and with the EEA Agreement. This decision is adopted in application of Article 6(1)(b) of the Merger Regulation and Article 57 of the EEA Agreement.

4.

For the reasons set out in the Notice on a simplified procedure, the

European

Commission has decided not to oppose the notified operation and to declare it compatible with the

internal

market and with the EEA Agreement. This decision is adopted in application of Article 6(1)(b) of

the

Merger

Regulation

and Article 57 of the EEA Agreement

.

For the Commission


  (Signed)

  Johannes LAITENBERGER
  Director-General

For the Commission

(Signed)

Johannes LAITENBERGER

Director

-

General

OJ L 24, 29.1.2004, p. 1 (the 'Merger Regulation'). With effect from 1 December 2009, the Treaty on the Functioning of the European Union ('TFEU') has introduced certain changes, such as the replacement of 'Community' by 'Union' and 'common market' by 'internal market'. The terminology of the TFEU will be used throughout this decision.

OJ C 366, 14.12.2013, p. 5.