# C_2012189EN.01001801.xml

| 29.6.2012 | EN | Official Journal of the European Union | C 189/18 |
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29.6.2012

EN

Official Journal of the European Union

C 189/18

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Prior notification of a concentration

(Case COMP/M.5979 — KGHM/Tauron Wytwarzanie/JV)

(Text with EEA relevance)

2012/C 189/06

| 1. | On 18 June 2012, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which KGHM Polska Miedź SA (‘KGHM’, Poland) and Tauron Wytwarzanie SA (‘Tauron Wytwarzanie’, Poland) belonging to Tauron Polska Energia SA group (‘Tauron’, Poland) acquire within the meaning of Article 3(4) of the Merger Regulation joint control of Elektrownia Blachownia Nowa Sp. z o.o. (‘JV’, Poland) by way of purchase of shares in a newly created company constituting a joint venture. |
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1.

On 18 June 2012, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which KGHM Polska Miedź SA (‘KGHM’, Poland) and Tauron Wytwarzanie SA (‘Tauron Wytwarzanie’, Poland) belonging to Tauron Polska Energia SA group (‘Tauron’, Poland) acquire within the meaning of Article 3(4) of the Merger Regulation joint control of Elektrownia Blachownia Nowa Sp. z o.o. (‘JV’, Poland) by way of purchase of shares in a newly created company constituting a joint venture.

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






  — | for KGHM: mining of copper and other non-ferrous metals, |
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2.

The business activities of the undertakings concerned are:

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for KGHM: mining of copper and other non-ferrous metals,

| — | for Tauron: energy sector, including generation, transmission and distribution and supply of electricity as well as generation of heat, |
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for Tauron: energy sector, including generation, transmission and distribution and supply of electricity as well as generation of heat,

| — | for JV: generation and supply of electricity. |
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for JV: generation and supply of electricity.

| 3. | On preliminary examination, the Commission finds that the notified transaction could fall within the scope the EC Merger Regulation. However, the final decision on this point is reserved. |
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3.

On preliminary examination, the Commission finds that the notified transaction could fall within the scope the EC Merger Regulation. However, the final decision on this point is reserved.

| 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 e-mail to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.5979 — KGHM/Tauron Wytwarzanie/JV, 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 e-mail to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.5979 — KGHM/Tauron Wytwarzanie/JV, 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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