# C_2014436EN.01000801.xml

| 5.12.2014 | EN | Official Journal of the European Union | C 436/8 |
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5.12.2014

EN

Official Journal of the European Union

C 436/8

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Prior notification of a concentration

(Case M.7439 — EPH/Eggborough HoldCo 2)

Candidate case for simplified procedure

(Text with EEA relevance)

(2014/C 436/05)

| 1. | On 28 November 2014, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which Energetický a průmyslový holding (‘EPH’, Czech Republic), acquires within the meaning of Article 3(1)(b) of the Merger Regulation sole control of Eggborough HoldCo 2 S.à r.l. (‘Eggborough’, Luxembourg), by way of purchase of shares. |
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1.

On 28 November 2014, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which Energetický a průmyslový holding (‘EPH’, Czech Republic), acquires within the meaning of Article 3(1)(b) of the Merger Regulation sole control of Eggborough HoldCo 2 S.à r.l. (‘Eggborough’, Luxembourg), by way of purchase of shares.

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| 2. | The business activities of the undertakings concerned are:
  —   EPH: is active in coal extraction, electricity and heat production, distribution and supply as well as gas supply, mainly in the Czech Republic, Slovakia, Germany and Poland,
  —   Eggborough: owns a coal-fired power plant producing electricity in the UK. |
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2.

The business activities of the undertakings concerned are:

—   EPH: is active in coal extraction, electricity and heat production, distribution and supply as well as gas supply, mainly in the Czech Republic, Slovakia, Germany and Poland,

EPH

—   Eggborough: owns a coal-fired power plant producing electricity in the UK.

Eggborough

| 3. | On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the 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 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 the 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 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 (+32 22964301), by e-mail to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number M.7439 — EPH/Eggborough HoldCo 2 to the following address:





  European Commission |
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| 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 e-mail to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number M.7439 — EPH/Eggborough HoldCo 2 to the following address:

European Commission

Directorate-General for Competition

Merger Registry

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

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

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(2)  OJ C 366, 14.12.2013, p. 5.

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