# C_2010129EN.01002001.xml

| 19.5.2010 | EN | Official Journal of the European Union | C 129/20 |
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19.5.2010

EN

Official Journal of the European Union

C 129/20

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Prior notification of a concentration

(Case COMP/M.5802 — RWE Energy/Mitgas)

(Text with EEA relevance)

2010/C 129/12

| 1. | On 10 May 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 undertaking(s) enviaM Mitteldeutsche Energie AG (‘enviaM’, Germany), which is controlled by RWE AG (‘RWE’, Germany), acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of Mitgas Mitteldeutsche Gasversognung GmbH (‘Mitgas’, Germany), by way of purchase of shares. |
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1.

On 10 May 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 undertaking(s) enviaM Mitteldeutsche Energie AG (‘enviaM’, Germany), which is controlled by RWE AG (‘RWE’, Germany), acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of Mitgas Mitteldeutsche Gasversognung GmbH (‘Mitgas’, Germany), by way of purchase of shares.

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






  — | RWE: electricity and natural gas, |
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2.

The business activities of the undertakings concerned are:

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RWE: electricity and natural gas,

| — | enviaM: transmission and retailing of electricity, heat and related services to local distributors and to end consumers and also activity in the gas sector, |
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enviaM: transmission and retailing of electricity, heat and related services to local distributors and to end consumers and also activity in the gas sector,

| — | Mitgas: wholesale supply of H-gas to local gas suppliers and retail supply of H-gas to end consumers. |
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Mitgas: wholesale supply of H-gas to local gas suppliers and retail supply of H-gas to end consumers.

| 3. | On preliminary examination, the Commission finds that the notified transaction could fall within the scope the EC Merger Regulation. However, the final decision on this point is reserved. |
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3.

On preliminary examination, the Commission finds that the notified transaction could fall within the scope the EC Merger Regulation. However, the final decision on this point is reserved.

| 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), by e-mail to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.5802 — RWE Energy/Mitgas, 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), by e-mail to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.5802 — RWE Energy/Mitgas, 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 (the ‘EC Merger Regulation’).

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