# C_2005297EN.01001301.xml

| 29.11.2005 | EN | Official Journal of the European Union | C 297/13 |
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29.11.2005

EN

Official Journal of the European Union

C 297/13

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Prior notification of a concentration

(Case COMP/M.4032 — VSE/Cegedel/JV)

Candidate case for simplified procedure

(2005/C 297/10)

(Text with EEA relevance)

| 1. | On 22 November 2005, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertakings VSE AG (‘VSE’, Germany) belonging to the German group RWE AG and CEGEDEL S.A. (‘Cegedel’, Luxembourg) acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of the newly created undertaking NewJV comprising of the undertakings VSE NET GmbH (‘VSENET’, Germany) belonging to VSE and Cegecom S.A. (‘Cegecom’, Luxembourg) belonging to Cegedel by way of purchase of shares. |
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1.

On 22 November 2005, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertakings VSE AG (‘VSE’, Germany) belonging to the German group RWE AG and CEGEDEL S.A. (‘Cegedel’, Luxembourg) acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of the newly created undertaking NewJV comprising of the undertakings VSE NET GmbH (‘VSENET’, Germany) belonging to VSE and Cegecom S.A. (‘Cegecom’, Luxembourg) belonging to Cegedel by way of purchase of shares.

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| 2. | The business activities of the undertakings concerned are:






  — | for undertaking VSE: Generation and distribution of electricity in the German region of Saarland; |
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2.

The business activities of the undertakings concerned are:

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for undertaking VSE: Generation and distribution of electricity in the German region of Saarland;

| — | for undertaking Cegedel: Generation and distribution of electricity in Luxembourg; |
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for undertaking Cegedel: Generation and distribution of electricity in Luxembourg;

| — | for undertaking VSENET: Telecommunication services; |
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for undertaking VSENET: Telecommunication services;

| — | for undertaking Cegecom: Telecommunication services; |
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for undertaking Cegecom: Telecommunication services;

| — | for undertaking NewJV: Telecommunication services. |
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for undertaking NewJV: Telecommunication services.

| 3. | On preliminary examination, the Commission finds that the notified transaction could fall within the scope of Regulation (EC) No 139/2004. 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 the Notice. |
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3.

On preliminary examination, the Commission finds that the notified transaction could fall within the scope of Regulation (EC) No 139/2004. 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 the 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 (No (32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.4032 — VSE/Cegedel/JV, to the following address:





  European Commission |
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| Competition DG |
| Merger Registry |
| J-70 |
| BE-1049 Brussels |

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 (No (32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.4032 — VSE/Cegedel/JV, to the following address:

European Commission

Competition DG

Merger Registry

J-70

BE-1049 Brussels

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(1)  OJ L 24, 29.1.2004, p. 1.

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(2)  OJ C 56, 5.3.2005, p. 32.

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