# m8781.docx

| | EUROPEAN COMMISSION |
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EUROPEAN COMMISSION

Brussels, 2.2.2018

PUBLIC VERSION

C(2018) 710 final

C(2018) 710 final

To the Notifying Party

Subject:Case M.8781 - WATERLAND / DE NEDERLANDSE ENERGIE MAATSCHAPPIJ 

  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.

8781 - WATERLAND / DE NEDERLANDSE ENERGIE MAATSCHAPPIJ

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 11 January 2018, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by which Waterland Private Equity Investments B.V. ("Waterland", The Netherlands) acquires within the meaning of Article 3(1)(b) of the Merger Regulation sole control over the whole of De Nederlandse Energie Maatschappij B.V. ("NLE", The Netherlands) by way of purchase of shares.
  3

1.

On

11 January 2018

, the

European

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

the

Merger

Regulation by which

Waterland

Private Equity Investments B.V. ("

Waterland

", The Netherlands)

acquire

s

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

sole

control over the whole of

De

Nederlandse

Energie

Maatschappij

B.V. ("NLE", The Netherlands)

by way of purchase of shares

.

3

2.The business activities of the undertakings concerned are:

2.

The business activities of the undertakings concerned are:

-for Waterland: an independent private equity firm, ultimately solely controlling Nuts Groep B.V. ("Nuts Groep", The Netherlands) that will acquire 100% of the shares in NLE. Nuts Groep supplies electricity and gas to small customers in the Netherlands and Belgium,

-

for

Waterland

: an independent private equity firm, ultimately solely controlling N

uts

Groep

B.V. ("Nuts

Groep

", The Netherlands

) that will acquire 100% of the shares in NLE. Nuts

Groep

supplies electricity and gas to small customers in the Netherlands and Belgium,

-for NLE: a supplier of electricity and gas to small customers in the Netherlands.

-

for NLE

:

a supplier of electricity and gas to small customers in the Netherlands.

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

(1)


     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.