# C_2010006EN.01001901.xml

| 12.1.2010 | EN | Official Journal of the European Union | C 6/19 |
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12.1.2010

EN

Official Journal of the European Union

C 6/19

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Prior notification of a concentration

(Case COMP/M.5767 — Sorgenia/J&P Avax/Argestis)

Candidate case for simplified procedure

(Text with EEA relevance)

2010/C 6/06

| 1. | On 4 January 2010, 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 Sorgenia S.p.A. (‘Sorgenia’, Italy), controlled by the CIR Group (‘CIR’, Italy), which is ultimately controlled by Cofide (‘Cofide’, Italy), and J&P Avax S.A. (‘J&P’, Greece), acquire within the meaning of Article 3(1)(b) of the Regulation joint control of the undertaking Argestis S.A. (‘Argestis’, Greece) by way of purchase of shares in a newly created company constituting a joint venture. |
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1.

On 4 January 2010, 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 Sorgenia S.p.A. (‘Sorgenia’, Italy), controlled by the CIR Group (‘CIR’, Italy), which is ultimately controlled by Cofide (‘Cofide’, Italy), and J&P Avax S.A. (‘J&P’, Greece), acquire within the meaning of Article 3(1)(b) of the Regulation joint control of the undertaking Argestis S.A. (‘Argestis’, Greece) 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:






  — | for Sorgenia: is active in the generation, wholesale and retail trading of gas and electricity in Italy, |
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2.

The business activities of the undertakings concerned are:

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for Sorgenia: is active in the generation, wholesale and retail trading of gas and electricity in Italy,

| — | for J&P Avax: is mainly active in the market for engineering and construction services, |
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for J&P Avax: is mainly active in the market for engineering and construction services,

| — | for Argestis: will be active in the market for electricity trading and generation. |
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for Argestis: will be active in the market for electricity trading and generation.

| 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 22964301 or 22967244) or by post, under reference number COMP/M.5767 — Sorgenia/J&P Avax/Argestis, 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 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 22964301 or 22967244) or by post, under reference number COMP/M.5767 — Sorgenia/J&P Avax/Argestis, 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.

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(2)  OJ C 56, 5.3.2005, p. 32.

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