# C_2014005EN.01000401.xml

| 9.1.2014 | EN | Official Journal of the European Union | C 5/4 |
| --- | --- | --- | --- |

9.1.2014

EN

Official Journal of the European Union

C 5/4

---

Prior notification of a concentration

(Case COMP/M.7098 — Sales & Solutions/Verbund/JV)

Candidate case for simplified procedure

(Text with EEA relevance)

2014/C 5/04

| 1. | On 23 December 2013 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 Sales & Solutions GmbH (‘SSG’ of Germany), and Verbund AG (‘Verbund’ of Austria) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of a newly created joint venture (‘JV’ of Germany) by way of purchase of shares. |
| --- | --- |

1.

On 23 December 2013 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 Sales & Solutions GmbH (‘SSG’ of Germany), and Verbund AG (‘Verbund’ of Austria) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of a newly created joint venture (‘JV’ of Germany) by way of purchase of shares.

1

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






  — | SSG is a wholly owned subsidiary of EnBW Energie Baden-Württemberg AG. It is active in the sale of electricity, gas, district heating and energy related services to large and industrial customers as well as resellers in Germany, |
| --- | --- | --- |

2.

The business activities of the undertakings concerned are:

—

SSG is a wholly owned subsidiary of EnBW Energie Baden-Württemberg AG. It is active in the sale of electricity, gas, district heating and energy related services to large and industrial customers as well as resellers in Germany,

| — | Verbund is active throughout the value chain in the electricity sector in particular but not exclusively in Austria and Germany, |
| --- | --- |

—

Verbund is active throughout the value chain in the electricity sector in particular but not exclusively in Austria and Germany,

| — | The joint venture will sell electricity from renewable energy sources as well as energy related services and possibly at a later stage also natural and biogas to resellers and large and industrial customers in Germany. |
| --- | --- |

—

The joint venture will sell electricity from renewable energy sources as well as energy related services and possibly at a later stage also natural and biogas to resellers and large and industrial customers in Germany.

| 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.7098 — Sales & Solutions/Verbund/JV, to the following address:





  European Commission |
| --- | --- |
| Directorate-General for Competition |
| Merger Registry |
| 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.7098 — Sales & Solutions/Verbund/JV, to the following address:

European Commission

Directorate-General for Competition

Merger Registry

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

---