# m8693.docx

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EUROPEAN COMMISSION

Brussels, 1.2.2018

PUBLIC VERSION

C(2018) 679 final

C(2018) 679 final

To the notifying parties

To the notifying parties

Subject:Case M.8693 - EDF / CANADIAN SOLAR / JV 

  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.

8693 - EDF / CANADIAN SOLAR / JV

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 9 January 2018, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by which Canadian Solar Inc ("Canadian Solar", Canada) and EDF ENR PWT ("EDF ENR", France), belonging to the group EDF (France), acquire within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control over the newly established joint venture Newco (France) by way of a purchase of shares.
  3

1.

On

9 January 2018

, the

European

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

the

Merger

Regulation by which

Canadian Solar

Inc

("Canadian Solar", Canada)

and EDF ENR PWT ("EDF ENR", France),

belonging to the group

EDF (France),

acquire within the meaning of Article 3(1)(b)

and 3(4)

of the Merger Regulation joint control over

the newly established joint venture Newco (France)

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:

-EDF ENR is specialized in the production of photovoltaic ingots, bricks, wafers, cells and modules, and a wholly owned indirect subsidiary of EDF Group, an energy company active in generation and wholesale supply of electricity, transmission, distribution and retail supply of electricity,

-

EDF ENR is specialized in the production of photovoltaic ingots, bricks, wafers, cells and modules, and a wholly owned indirect subsidiary of EDF Group, an energy company active in generation and wholesale supply of electricity, transmission, distribution and retail supply of electricity,

-Canadian Solar is active worldwide in the manufacturing and supply of photovoltaic modules and the development, construction, operation and maintenance of photovoltaic energy projects.

-

Canadian Solar is active worldwide in the manufacturing and supply of photovoltaic modules and the development, construction, operation and maintenance of photovoltaic energy projects.

Newco will develop, manufacture and sell solar ingots, bricks and wafers.

Newco will develop, manufacture and sell solar ingots, bricks and wafers.

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.