# C_2009024EN.01001601.xml

| 30.1.2009 | EN | Official Journal of the European Union | C 24/16 |
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30.1.2009

EN

Official Journal of the European Union

C 24/16

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Prior notification of a concentration

(Case COMP/M.5471 — Goldman Sachs/Constellation Energy Commodities)

Candidate case for simplified procedure

(Text with EEA relevance)

(2009/C 24/09)

| 1. | On 23 January 2009, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking J. Aron & Company, controlled by The Goldman Sachs Group, Inc (‘GS’, USA), acquires within the meaning of Article 3(1)(b) of the Council Regulation control of substantially all of the assets of the international commodities business of Constellation Energy Commodities Group, Inc., controlled by Constellation Energy Group, Inc. (‘International Commodities Business of CECG’, USA). |
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1.

On 23 January 2009, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking J. Aron & Company, controlled by The Goldman Sachs Group, Inc (‘GS’, USA), acquires within the meaning of Article 3(1)(b) of the Council Regulation control of substantially all of the assets of the international commodities business of Constellation Energy Commodities Group, Inc., controlled by Constellation Energy Group, Inc. (‘International Commodities Business of CECG’, USA).

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| 2. | The business activities of the undertakings concerned are:






  — | for GS: banking, securities and investment services, |
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2.

The business activities of the undertakings concerned are:

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for GS: banking, securities and investment services,

| — | for the International Commodities Business of CECG: trading and ancillary services with a primary focus on global coal trading and freights services. |
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for the International Commodities Business of CECG: trading and ancillary services with a primary focus on global coal trading and freights services.

| 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 ((32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.5471 — Goldman Sachs/Constellation Energy Commodities, to the following address:





  European Commission |
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| Directorate General for Competition |
| Merger Registry |
| J-70 |
| B-1049 Brussels |

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 ((32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.5471 — Goldman Sachs/Constellation Energy Commodities, to the following address:

European Commission

Directorate General for Competition

Merger Registry

J-70

B-1049 Brussels

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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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