# C_2008276EN.01009701.xml

| 31.10.2008 | EN | Official Journal of the European Union | C 276/97 |
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31.10.2008

EN

Official Journal of the European Union

C 276/97

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Prior notification of a concentration

(Case COMP/M.5368 — MidAmerican/Constellation)

Candidate case for simplified procedure

(Text with EEA relevance)

(2008/C 276/11)

| 1. | On 23 October 2008, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which MidAmerican Energy Holdings Company (‘MidAmerican’, USA) controlled by Berkshire Hathaway acquires within the meaning of Article 3(1)(b) of the Council Regulation control over Constellation Energy group Inc. (‘Constellation’, USA) by way of purchase of shares. |
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1.

On 23 October 2008, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which MidAmerican Energy Holdings Company (‘MidAmerican’, USA) controlled by Berkshire Hathaway acquires within the meaning of Article 3(1)(b) of the Council Regulation control over Constellation Energy group Inc. (‘Constellation’, USA) by way of purchase of shares.

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






  — | for MidAmerican Energy Holdings Company (‘MidAmerican’, USA): different energy businesses, |
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2.

The business activities of the undertakings concerned are:

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for MidAmerican Energy Holdings Company (‘MidAmerican’, USA): different energy businesses,

| — | for Berkshire Hathaway: diverse range of business activities, including property and casualty insurance and reinsurance, utilities and energy, finance, manufacturing, retailing and services, |
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for Berkshire Hathaway: diverse range of business activities, including property and casualty insurance and reinsurance, utilities and energy, finance, manufacturing, retailing and services,

| — | for Constellation Energy group Inc. (‘Constellation’, USA): power generation and energy supply. |
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for Constellation Energy group Inc. (‘Constellation’, USA): power generation and energy supply.

| 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 ((32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.5368 — MidAmerican/Constellation, to the following address:





  European Commission |
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| Directorate-General for Competition |
| Merger Registry |
| J-70 |
| B-1049 Bruxelles/Brussel |

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 ((32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.5368 — MidAmerican/Constellation, to the following address:

European Commission

Directorate-General for Competition

Merger Registry

J-70

B-1049 Bruxelles/Brussel

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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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