# C_2015370EN.01000701.xml

| 7.11.2015 | EN | Official Journal of the European Union | C 370/7 |
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7.11.2015

EN

Official Journal of the European Union

C 370/7

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Prior notification of a concentration

(Case M.7749 — BMW/BMW Intec/Viessmann/DES)

Candidate case for simplified procedure

(Text with EEA relevance)

(2015/C 370/07)

| 1. | On 30 October 2015, the European Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking BMW INTEC Beteiligungs GmbH (‘BMW Intec’, Germany) controlled by Bayerische Motoren Werke Aktiengesellschaft (‘BMW’, Germany) and Viessmann Werke GmbH & Co. KG (‘Viessmann’, Germany) acquire within the meaning of Article 3(1)(b) and Article 3(4) of the Merger Regulation joint control of the undertaking Digital Energy Solutions GmbH & Co. KG (‘DES’, Germany) by way of purchase of shares in a newly created company constituting a joint venture. |
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1.

On 30 October 2015, the European Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking BMW INTEC Beteiligungs GmbH (‘BMW Intec’, Germany) controlled by Bayerische Motoren Werke Aktiengesellschaft (‘BMW’, Germany) and Viessmann Werke GmbH & Co. KG (‘Viessmann’, Germany) acquire within the meaning of Article 3(1)(b) and Article 3(4) of the Merger Regulation joint control of the undertaking Digital Energy Solutions GmbH & Co. KG (‘DES’, Germany) 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:
  —   BMW Intec and BMW: the global automotive industry, including electric vehicles and plug-in hybrid vehicles,
  —   Viessmann: the development, manufacture and operation of heating and energy systems,
  —   DES: support to mainly small and medium-sized industrial and commercial enterprises with a view to energy flexibility and energy optimisation through networked data-based energy services and energy system solutions. |
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2.

The business activities of the undertakings concerned are:

—   BMW Intec and BMW: the global automotive industry, including electric vehicles and plug-in hybrid vehicles,

BMW Intec and BMW

—   Viessmann: the development, manufacture and operation of heating and energy systems,

Viessmann

—   DES: support to mainly small and medium-sized industrial and commercial enterprises with a view to energy flexibility and energy optimisation through networked data-based energy services and energy system solutions.

DES

| 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 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 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 to it their observations on the proposed operation.
  Observations must reach the Commission no later than 10 days following the date on which this notification is published. They can be sent to the Commission under reference M.7749 — BMW/BMW Intec/Viessmann/DES by fax (+32 22964301), by e-mail to COMP-MERGER-REGISTRY@ec.europa.eu or by post 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 to it their observations on the proposed operation.

Observations must reach the Commission no later than 10 days following the date on which this notification is published. They can be sent to the Commission under reference M.7749 — BMW/BMW Intec/Viessmann/DES by fax (+32 22964301), by e-mail to COMP-MERGER-REGISTRY@ec.europa.eu or by post 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, р. 5.

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