# C_2009062EN.01002201.xml

| 17.3.2009 | EN | Official Journal of the European Union | C 62/22 |
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17.3.2009

EN

Official Journal of the European Union

C 62/22

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Prior notification of a concentration

(Case COMP/M.5494 — Enel/Endesa)

Candidate case for simplified procedure

(Text with EEA relevance)

(2009/C 62/08)

| 1. | On 10 March 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 Enel S.p.A. (‘Enel’, Italy) acquires within the meaning of Article 3(1)(b) of the Council Regulation sole control of the undertaking Endesa S.A. (‘Endesa’, Spain) by way of purchase of shares. |
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1.

On 10 March 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 Enel S.p.A. (‘Enel’, Italy) acquires within the meaning of Article 3(1)(b) of the Council Regulation sole control of the undertaking Endesa S.A. (‘Endesa’, Spain) by way of purchase of shares.

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






  — | for Enel: is active in the generation, distribution and supply of electricity in Italy, Spain, Bulgaria, Romania, Greece, Slovakia, Russia, France and North-South America. It is also active in electricity trading throughout Europe and in the purchase and sale of natural gas, |
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2.

The business activities of the undertakings concerned are:

—

for Enel: is active in the generation, distribution and supply of electricity in Italy, Spain, Bulgaria, Romania, Greece, Slovakia, Russia, France and North-South America. It is also active in electricity trading throughout Europe and in the purchase and sale of natural gas,

| — | for Endesa: is active in the generation, distribution and supply of electricity in Spain, Portugal, the Netherlands, France, Germany, Greece, Ireland, South America and North Africa. It is also active in electricity trading throughout Europe and natural gas, coal mining and real estate in Spain. |
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for Endesa: is active in the generation, distribution and supply of electricity in Spain, Portugal, the Netherlands, France, Germany, Greece, Ireland, South America and North Africa. It is also active in electricity trading throughout Europe and natural gas, coal mining and real estate in Spain.

| 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 2967244) or by post, under reference number COMP/M.5494 — Enel/Endesa, 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 22964301 or 2967244) or by post, under reference number COMP/M.5494 — Enel/Endesa, 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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