# C_2017388EN.01000701.xml

| 17.11.2017 | EN | Official Journal of the European Union | C 388/7 |
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17.11.2017

EN

Official Journal of the European Union

C 388/7

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Prior notification of a concentration

(Case M.8691 — Innogy/European Energy Exchange/JV)

Candidate case for simplified procedure

(Text with EEA relevance)

(2017/C 388/07)

| 1. | On 10 November 2017, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1).
  This notification concerns the following undertakings:






  — | innogy SE (‘innogy’, Germany), controlled by RWE AG, |
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1.

On 10 November 2017, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1).

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This notification concerns the following undertakings:

—

innogy SE (‘innogy’, Germany), controlled by RWE AG,

| — | European Energy Exchange AG (‘EEX’, Germany), controlled by Deutsche Börse AG, |
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—

European Energy Exchange AG (‘EEX’, Germany), controlled by Deutsche Börse AG,

| — | newly created joint venture (‘the JV’, Germany). |
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newly created joint venture (‘the JV’, Germany).

Innogy — directly and through its daughter company Süwag Vertrieb AG & Co. KG — and EEX acquire within the meaning of Article 3(1)(b) and Article 3(4) of the Merger Regulation joint control of the JV.

The concentration is accomplished by way of a purchase of shares in a newly created company constituting a joint venture.

| 2. | The business activities of the undertakings concerned are:
  —   for innogy: European energy supplier active in infrastructure, supply and renewable energy. The RWE group is active in generation, transport, trading and supply of electricity and gas, as well as water and district heating,
  —   for EEX: develops and operates exchanges for energy and commodity products,
  —   for the JV: will develop and operate an online price comparison and intermediary platform for German retail energy suppliers in the business-to-business (‘B2B’) segment. |
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2.

The business activities of the undertakings concerned are:

—   for innogy: European energy supplier active in infrastructure, supply and renewable energy. The RWE group is active in generation, transport, trading and supply of electricity and gas, as well as water and district heating,

for innogy

—   for EEX: develops and operates exchanges for energy and commodity products,

for EEX

—   for the JV: will develop and operate an online price comparison and intermediary platform for German retail energy suppliers in the business-to-business (‘B2B’) segment.

for the JV

| 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 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. The following reference should always be specified:
  M.8691 — Innogy/European Energy Exchange/JV
  Observations can be sent to the Commission by email, by fax, or by post. Please use the contact details below:





  E-mail: 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 |

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. The following reference should always be specified:

M.8691 — Innogy/European Energy Exchange/JV

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

E-mail: 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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(2)  OJ C 366, 14.12.2013, p. 5.

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