# C_2019050EN.01001301.xml

| 8.2.2019 | EN | Official Journal of the European Union | C 50/13 |
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8.2.2019

EN

Official Journal of the European Union

C 50/13

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Prior notification of a concentration

(Case M.8870 — E.ON/Innogy)

(Text with EEA relevance)

(2019/C 50/09)

1.

This notification concerns the following undertakings:

| — | E.ON SE (‘E.ON’, Germany), |
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E.ON SE (‘E.ON’, Germany),

| — | Innogy SE (‘Innogy’, Germany), currently controlled by RWE. |
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Innogy SE (‘Innogy’, Germany), currently controlled by RWE.

E.ON acquires, within the meaning of Article 3(1)(b) of the Merger Regulation, sole control over the distribution and consumer solutions business and certain electricity generation assets of Innogy. In a first step, E.ON will acquire the whole of Innogy. In a second step, E.ON will carve-out the majority of Innogy’s renewable electricity generation business, gas storage business and participation in Kärnter Energieholding Beteiligungs GmbH and transfer these assets back to RWE.

The concentration is part of a complex asset swap between RWE and E.ON. In a separate case (Case M.8871), on 22 January 2019, RWE notified to the Commission a proposed acquisition of sole control over certain electricity production assets of E.ON. RWE will also obtain approximately a 16,7 % shareholding in E.ON.

The concentration is accomplished by way of purchase of shares.

2.

| — | E.ON is an energy company active across the supply chain, including generation, wholesale supply, transmission, distribution, retail supply and energy-related activities (such as metering, e-mobility, etc.). E.ON is active in several European countries, including Sweden, Romania, Italy, Poland, Denmark, Czechia, Germany, Hungary, Slovakia and the UK. |
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E.ON is an energy company active across the supply chain, including generation, wholesale supply, transmission, distribution, retail supply and energy-related activities (such as metering, e-mobility, etc.). E.ON is active in several European countries, including Sweden, Romania, Italy, Poland, Denmark, Czechia, Germany, Hungary, Slovakia and the UK.

| — | Innogy, a wholly subsidiary of RWE, is an energy company active across the supply chain, including distribution, retail supply and energy-related activities (such as metering, e-mobility, etc.). Innogy is active in several European countries, including Belgium, Spain, the Netherlands, Poland, France, Italy, Portugal, Romania, Croatia, Slovenia, Czechia, Germany, Hungary, Slovakia and the UK. |
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Innogy, a wholly subsidiary of RWE, is an energy company active across the supply chain, including distribution, retail supply and energy-related activities (such as metering, e-mobility, etc.). Innogy is active in several European countries, including Belgium, Spain, the Netherlands, Poland, France, Italy, Portugal, Romania, Croatia, Slovenia, Czechia, Germany, Hungary, Slovakia and the UK.

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.

4.

Observations must reach the Commission no later than 10 days following the date of this publication. The following reference should always be specified:

M.8870 — E.ON/Innogy

Observations can be sent to the Commission by email, by fax, or by post. Please use the contact details below:

| Email: COMP-MERGER-REGISTRY@ec.europa.eu |
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| Fax +32 22964301 |
| Postal address: |
| European Commission |
| Directorate-General for Competition |
| Merger Registry |
| 1049 Bruxelles/Brussel |
| BELGIQUE/BELGIË |

Email: COMP-MERGER-REGISTRY@ec.europa.eu

Fax +32 22964301

Postal 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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