# C_2005133EN.01000801.xml

| 31.5.2005 | EN | Official Journal of the European Union | C 133/8 |
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31.5.2005

EN

Official Journal of the European Union

C 133/8

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Prior notification of a concentration

(Case COMP/M.3825 — EHA/REWE Austria/JV)

Candidate case for simplified procedure

(2005/C 133/05)

(Text with EEA relevance)

| 1. | On 23 May 2005, 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 EHA Energie-Handels-Gesellschaft mbH & Co. KG (‘EHA’, Germany) and REWE Austria AG (‘REWE Austria’, Austria) belonging to the group REWE (‘REWE’, Germany) acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of the undertaking EHA Austria Energie-Handels-Gesellschaft mbH (‘EHAA’, Austria) by way of purchase of shares in a newly created company constituting a joint venture. |
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1.

On 23 May 2005, 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 EHA Energie-Handels-Gesellschaft mbH & Co. KG (‘EHA’, Germany) and REWE Austria AG (‘REWE Austria’, Austria) belonging to the group REWE (‘REWE’, Germany) acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of the undertaking EHA Austria Energie-Handels-Gesellschaft mbH (‘EHAA’, Austria) 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 EHA: electricity and gas trading in Germany, |
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2.

The business activities of the undertakings concerned are:

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for EHA: electricity and gas trading in Germany,

| — | for REWE Austria: food retail, drugstores and tourism in Austria, |
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for REWE Austria: food retail, drugstores and tourism in Austria,

| — | for EHAA: electricity and gas trading in Austria. |
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for EHAA: electricity and gas trading in Austria.

| 3. | On preliminary examination, the Commission finds that the notified transaction could fall within the scope of Regulation (EC) No 139/2004. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004 (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 Regulation (EC) No 139/2004. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004 (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 (No (32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.3825 — EHA/REWE Austria/JV, to the following address:





  European Commission |
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| Directorate-General for Competition, |
| Merger Registry |
| J-70 |
| B-1049 Bruxelles/Brussel |

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 (No (32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.3825 — EHA/REWE Austria/JV, to the following address:

European Commission

Directorate-General for Competition,

Merger Registry

J-70

B-1049 Bruxelles/Brussel

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(1)  OJ L 24, 29.1.2004 p. 1

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(2)  OJ C 56, 5.3.2005 p. 32

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