# C_2012038EN.01002901.xml

| 11.2.2012 | EN | Official Journal of the European Union | C 38/29 |
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11.2.2012

EN

Official Journal of the European Union

C 38/29

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Prior notification of a concentration

(Case COMP/M.6509 — GE/KGAL/Extresol-2)

Candidate case for simplified procedure

(Text with EEA relevance)

2012/C 38/12

| 1. | On 3 February 2012, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which General Electric Company (‘GE’, USA) and KGAL GmbH & Co. KG (‘KGAL’, Germany) acquire within the meaning of Article 3(1)(b) of the Merger Regulation indirect joint control over a newly created full-function joint venture (‘Extresol-2’, Spain), by way of a purchase of shares. |
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1.

On 3 February 2012, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which General Electric Company (‘GE’, USA) and KGAL GmbH & Co. KG (‘KGAL’, Germany) acquire within the meaning of Article 3(1)(b) of the Merger Regulation indirect joint control over a newly created full-function joint venture (‘Extresol-2’, Spain), by way of a purchase of shares.

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






  — | for GE: a global diversified manufacturing, technology and services company. GE Capital, the relevant GE business unit involved in the proposed concentration, invests globally in energy assets, |
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2.

The business activities of the undertakings concerned are:

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for GE: a global diversified manufacturing, technology and services company. GE Capital, the relevant GE business unit involved in the proposed concentration, invests globally in energy assets,

| — | for KGAL: a German investment company concentrating in real assets and their structured financing, |
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for KGAL: a German investment company concentrating in real assets and their structured financing,

| — | for Extresol-2: generation and wholesale of electricity primarily in Spain through its solar thermal power plant in Extremadura, Spain. |
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for Extresol-2: generation and wholesale of electricity primarily in Spain through its solar thermal power plant in Extremadura, Spain.

| 3. | On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the EC Merger Regulation. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under the EC Merger Regulation (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 the EC Merger Regulation. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under the EC Merger Regulation (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 22964301), by email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.6509 — GE/KGAL/Extresol-2, to the following address:





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

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 22964301), by email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.6509 — GE/KGAL/Extresol-2, to the following address:

European Commission

Directorate-General for Competition

Merger Registry

J-70

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

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(1)  OJ L 24, 29.1.2004, p. 1 (the ‘EC Merger Regulation’).

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(2)  OJ C 56, 5.3.2005, p. 32 (‘Notice on a simplified procedure’).

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