# C_2009136EN.01003401.xml

| 16.6.2009 | EN | Official Journal of the European Union | C 136/34 |
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16.6.2009

EN

Official Journal of the European Union

C 136/34

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Prior notification of a concentration

(Case COMP/M.5543 — EnBW/Borusan/JV)

Candidate case for simplified procedure

(Text with EEA relevance)

2009/C 136/10

| 1. | On 10 June 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 undertakings EnBW Energie Baden-Württemberg AG (‘EnBW’, Germany), jointly controlled by Electricité de France International S.A. (‘EDF’, France) and Zweckverband Oberschwäbische Elektrizitätswerke (‘OEW’, Germany), and acting through its subsidiary EnBW Holding A.Ș. (‘EnBW Turkey’, Turkey), and Borusan Holding A.Ș. (‘Borusan’, Turkey) acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of the undertaking Borusan Enerji Yatirimlari Ve Üretim A.Ș. (‘Borusan Enerji’, Turkey) by way of purchase of shares. |
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1.

On 10 June 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 undertakings EnBW Energie Baden-Württemberg AG (‘EnBW’, Germany), jointly controlled by Electricité de France International S.A. (‘EDF’, France) and Zweckverband Oberschwäbische Elektrizitätswerke (‘OEW’, Germany), and acting through its subsidiary EnBW Holding A.Ș. (‘EnBW Turkey’, Turkey), and Borusan Holding A.Ș. (‘Borusan’, Turkey) acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of the undertaking Borusan Enerji Yatirimlari Ve Üretim A.Ș. (‘Borusan Enerji’, Turkey) by way of purchase of shares.

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






  — | for EnBW: electricity and gas together with energy and environmental services. Other activities include telecommunication, waste recycling and financial services, |
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2.

The business activities of the undertakings concerned are:

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for EnBW: electricity and gas together with energy and environmental services. Other activities include telecommunication, waste recycling and financial services,

| — | Borusan: steel, distributorship, logistics, telecommunications and energy industries, |
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Borusan: steel, distributorship, logistics, telecommunications and energy industries,

| — | Borusan Enerji: electricity generation in Turkey. |
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Borusan Enerji: electricity generation in Turkey.

| 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 2964301 or 2967244) or by post, under reference number COMP/M.5543 — EnBW/Borusan/JV, to the following address:





  European Commission |
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| Directorate-General for Competition |
| Merger Registry |
| J-70 |
| 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 2 2964301 or 2967244) or by post, under reference number COMP/M.5543 — EnBW/Borusan/JV, to the following address:

European Commission

Directorate-General for Competition

Merger Registry

J-70

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

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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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