# C_2009216EN.01002201.xml

| 10.9.2009 | EN | Official Journal of the European Union | C 216/22 |
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10.9.2009

EN

Official Journal of the European Union

C 216/22

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Prior notification of a concentration

(Case COMP/M.5365 — IPO/EnBW/Praha/PT)

Candidate case for simplified procedure

(Text with EEA relevance)

2009/C 216/09

| 1. | On 1 September 2009, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which International Power Opatovice, a.s. (‘IPO’, Czech Republic), controlled by International Power plc (‘IPR’, United Kingdom), EnBW Energie Baden-Württemberg AG (‘EnBW’, Germany), jointly controlled by Electricité de France (‘EdF’, France) and Zweckverband Oberschwäbische Elektrizitätswerke (‘OEW’, Germany), and hlavní město Praha (‘City of Prague’, Czech Republic) acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of the undertaking Pražská teplárenská, a.s. (‘PT’, Czech Republic) by way of purchase of shares. |
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1.

On 1 September 2009, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which International Power Opatovice, a.s. (‘IPO’, Czech Republic), controlled by International Power plc (‘IPR’, United Kingdom), EnBW Energie Baden-Württemberg AG (‘EnBW’, Germany), jointly controlled by Electricité de France (‘EdF’, France) and Zweckverband Oberschwäbische Elektrizitätswerke (‘OEW’, Germany), and hlavní město Praha (‘City of Prague’, Czech Republic) acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of the undertaking Pražská teplárenská, a.s. (‘PT’, Czech Republic) by way of purchase of shares.

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






  — | for IPO: generation and wholesale supply of electricity and provision of district heat, among other activities, |
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2.

The business activities of the undertakings concerned are:

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for IPO: generation and wholesale supply of electricity and provision of district heat, among other activities,

| — | for EnBW: generation and wholesale supply of electricity, among other activities, |
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for EnBW: generation and wholesale supply of electricity, among other activities,

| — | for City of Prague: supplies services to households and corporate customers in Prague, |
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for City of Prague: supplies services to households and corporate customers in Prague,

| — | for PT: provision of district heat, generation and wholesale supply of electricity. |
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for PT: provision of district heat, generation and wholesale supply of electricity.

| 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.5365 — IPO/EnBW/Praha/PT, 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.5365 — IPO/EnBW/Praha/PT, 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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