# C_2012400EN.01002301.xml

| 28.12.2012 | EN | Official Journal of the European Union | C 400/23 |
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28.12.2012

EN

Official Journal of the European Union

C 400/23

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Prior notification of a concentration

(Case COMP/M.6780 — EVN Netz/OÖ. Ferngas Netz/Gasnetz Steiermark/Gas Connect Austria/AGGM Austrian Gas Grid Management)

Candidate case for simplified procedure

(Text with EEA relevance)

2012/C 400/14

| 1. | On 17 December 2012, 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 EVN Netz GmbH (‘EVN Netz’, Austria) belonging to the EVN group, OÖ. Ferngas Netz GmbH (‘OÖ. Ferngas Netz’, Austria) belonging to the Energie AG Oberösterreich group, Gasnetz Steiermark GmbH (‘Gasnetz Steiermark’, Austria) belonging to the Energie Steiermark and Gas Connect Austria GmbH (‘GCA’, Austria, belonging to the Austrian OMV Group) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of the undertaking AGGM Austrian Gas Grid Management AG (‘AGGM’, Austria) by way of purchase of shares. GCA previously exercised sole control over AGGM. |
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1.

On 17 December 2012, 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 EVN Netz GmbH (‘EVN Netz’, Austria) belonging to the EVN group, OÖ. Ferngas Netz GmbH (‘OÖ. Ferngas Netz’, Austria) belonging to the Energie AG Oberösterreich group, Gasnetz Steiermark GmbH (‘Gasnetz Steiermark’, Austria) belonging to the Energie Steiermark and Gas Connect Austria GmbH (‘GCA’, Austria, belonging to the Austrian OMV Group) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of the undertaking AGGM Austrian Gas Grid Management AG (‘AGGM’, Austria) by way of purchase of shares. GCA previously exercised sole control over AGGM.

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






  — | EVN Netz: distribution of gas and electricity, telecommunications, water-distribution and sewage water disposal sector in Austria, |
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2.

The business activities of the undertakings concerned are:

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EVN Netz: distribution of gas and electricity, telecommunications, water-distribution and sewage water disposal sector in Austria,

| — | OÖ. Ferngas Netz: gas distribution in Austria (the Energie AG Oberösterreich group is active electricity, gas, heating, water-distribution and waste disposal), |
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OÖ. Ferngas Netz: gas distribution in Austria (the Energie AG Oberösterreich group is active electricity, gas, heating, water-distribution and waste disposal),

| — | Gasnetz Steiermark: distribution of gas in Austria (the Energie Steiermark group is active in the electricity, gas and heating sector), |
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Gasnetz Steiermark: distribution of gas in Austria (the Energie Steiermark group is active in the electricity, gas and heating sector),

| — | GCA: transmission and distribution of gas (the OMV group is active in the exploration, production, refining and distribution of crude oil and gas, as well as in the operation of petrol stations), |
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GCA: transmission and distribution of gas (the OMV group is active in the exploration, production, refining and distribution of crude oil and gas, as well as in the operation of petrol stations),

| — | AGGM: distribution area management in Austria. |
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AGGM: distribution area management in Austria.

| 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.6780 — EVN Netz/OÖ. Ferngas Netz/Gasnetz Steiermark/Gas Connect Austria/AGGM Austrian Gas Grid Management, 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.6780 — EVN Netz/OÖ. Ferngas Netz/Gasnetz Steiermark/Gas Connect Austria/AGGM Austrian Gas Grid Management, 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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