# C_2012048EN.01002001.xml

| 18.2.2012 | EN | Official Journal of the European Union | C 48/20 |
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18.2.2012

EN

Official Journal of the European Union

C 48/20

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Prior notification of a concentration

(Case COMP/M.6499 — FCC/Mitsui Renewable Energy/FCC Energia)

Candidate case for simplified procedure

(Text with EEA relevance)

2012/C 48/08

| 1. | On 10 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 Mitsui Renewable Energy Europe Limited (‘MRRE’, UK), belonging to the Mitsui group, and Fomento de Construcciones y Contratas, SA (‘FCC’, Spain) indirectly acquire within the meaning of Article 3(1)(b) of the Merger Regulation indirect joint control over a newly created full-function joint venture, FCC Energia, SA (‘FCCE’, Spain), by way of a purchase of shares. |
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1.

On 10 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 Mitsui Renewable Energy Europe Limited (‘MRRE’, UK), belonging to the Mitsui group, and Fomento de Construcciones y Contratas, SA (‘FCC’, Spain) indirectly acquire within the meaning of Article 3(1)(b) of the Merger Regulation indirect joint control over a newly created full-function joint venture, FCC Energia, SA (‘FCCE’, Spain), by way of a purchase of shares.

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






  — | for the Mitsui group: a global group active in a wide variety of businesses worldwide, ranging from product sales, worldwide logistics and financing to the development of major international infrastructures, |
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2.

The business activities of the undertakings concerned are:

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for the Mitsui group: a global group active in a wide variety of businesses worldwide, ranging from product sales, worldwide logistics and financing to the development of major international infrastructures,

| — | for MRRE: active in the generation of renewable energy, |
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for MRRE: active in the generation of renewable energy,

| — | for FCC: active mainly in environmental services and water management, construction of large infrastructures, cement production, and renewable energy production, |
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for FCC: active mainly in environmental services and water management, construction of large infrastructures, cement production, and renewable energy production,

| — | for FCCE: active in the generation and wholesale supply of electricity from renewable energies. |
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for FCCE: active in the generation and wholesale supply of electricity from renewable energies.

| 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.6499 — FCC/Mitsui Renewable Energy/FCC Energia, 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.6499 — FCC/Mitsui Renewable Energy/FCC Energia, 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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