# C_2011268EN.01001001.xml

| 10.9.2011 | EN | Official Journal of the European Union | C 268/10 |
| --- | --- | --- | --- |

10.9.2011

EN

Official Journal of the European Union

C 268/10

---

Prior notification of a concentration

(Case COMP/M.6366 — RWE Innogy/Conetwork)

Candidate case for simplified procedure

(Text with EEA relevance)

2011/C 268/07

| 1. | On 31 August 2011 the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking Conetwork Erneuerbare Energien Holding GmbH & Co. KGaA (Germany), indirectly controlled by Dr. August Oetker AG (Germany), and the undertaking RWE Innogy GmbH (Germany), controlled by RWE AG (Germany) acquire within the meaning of Article 3(1)(b) of the Merger Regulation indirect joint control of the undertaking Innogy Renewables Technology Fund I GmbH & Co. KG (Germany) by way of purchase of shares. |
| --- | --- |

1.

On 31 August 2011 the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking Conetwork Erneuerbare Energien Holding GmbH & Co. KGaA (Germany), indirectly controlled by Dr. August Oetker AG (Germany), and the undertaking RWE Innogy GmbH (Germany), controlled by RWE AG (Germany) acquire within the meaning of Article 3(1)(b) of the Merger Regulation indirect joint control of the undertaking Innogy Renewables Technology Fund I GmbH & Co. KG (Germany) by way of purchase of shares.

1

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






  — | Conetwork Erneuerbare Energien Holding GmbH & Co KGaA: holdings in the field of energy from renewable sources, |
| --- | --- | --- |

2.

The business activities of the undertakings concerned are:

—

Conetwork Erneuerbare Energien Holding GmbH & Co KGaA: holdings in the field of energy from renewable sources,

| — | RWE Innogy GmbH: planning, construction and operation of plant for renewable energy generation and energy extraction in Europe, |
| --- | --- |

—

RWE Innogy GmbH: planning, construction and operation of plant for renewable energy generation and energy extraction in Europe,

| — | Innogy Renewables Technology Fund I GmbH & Co. KG: holdings in the field of energy from renewable sources in Europe. |
| --- | --- |

—

Innogy Renewables Technology Fund I GmbH & Co. KG: holdings in the field of energy from renewable sources in Europe.

| 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. |
| --- | --- |

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.

2

| 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.6366 — RWE Innogy/Conetwork, to the following address:





  European Commission |
| --- | --- |
| 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.6366 — RWE Innogy/Conetwork, to the following address:

European Commission

Directorate-General for Competition

Merger Registry

J-70

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

---

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

1

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

2

---