# C_2009098EN.01002001.xml

| 29.4.2009 | EN | Official Journal of the European Union | C 98/20 |
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29.4.2009

EN

Official Journal of the European Union

C 98/20

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Prior notification of a concentration

(Case COMP/M.5498 — SD/JTIA/MIBRAG)

Candidate case for simplified procedure

(Text with EEA relevance)

2009/C 98/10

| 1. | On 21 April 2009, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which Severocèskè doly a.s. (‘SD’, Czech Republic) controlled by Čez a.s. (‘CEZ’, Czech Republic) and J&T Investment Advisors s.r.o. (‘JTIA’, Czech Republic), through the special purpose investment vehicle, Blitz F09-acht GmbH (‘HoldCo’) acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of MIBRAG B.V. (the Netherlands) and its wholly owned subsidiary Mitteldeutsche Braunkohlengesellschaft mbH (‘MIBRAG’, Germany), collectively ‘MIBRAG Group’, which are at present jointly controlled by NRG Energy Inc. (US) and URS Corporation (US), by way of purchase of shares. |
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1.

On 21 April 2009, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which Severocèskè doly a.s. (‘SD’, Czech Republic) controlled by Čez a.s. (‘CEZ’, Czech Republic) and J&T Investment Advisors s.r.o. (‘JTIA’, Czech Republic), through the special purpose investment vehicle, Blitz F09-acht GmbH (‘HoldCo’) acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of MIBRAG B.V. (the Netherlands) and its wholly owned subsidiary Mitteldeutsche Braunkohlengesellschaft mbH (‘MIBRAG’, Germany), collectively ‘MIBRAG Group’, which are at present jointly controlled by NRG Energy Inc. (US) and URS Corporation (US), by way of purchase of shares.

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






  — | for SD: lignite mining in Czech Republic, |
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2.

The business activities of the undertakings concerned are:

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for SD: lignite mining in Czech Republic,

| — | for CEZ: different activities in the energy sector like (i) generation, (ii) distribution and (iii) sale of electricity and heat in the Czech Republic and (iv)electricity trading and operation of power plants in some other European countries, |
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for CEZ: different activities in the energy sector like (i) generation, (ii) distribution and (iii) sale of electricity and heat in the Czech Republic and (iv)electricity trading and operation of power plants in some other European countries,

| — | for JTIA: investment advisory services in various areas mainly in the Czech and the Slovak Republic, |
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for JTIA: investment advisory services in various areas mainly in the Czech and the Slovak Republic,

| — | for MIBRAG Group (namely MIBRAG B.V. and its wholly owned subsidiary MIBRAG): lignite mining in Germany. |
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for MIBRAG Group (namely MIBRAG B.V. and its wholly owned subsidiary MIBRAG): lignite mining in Germany.

| 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.5498 — SD/JTIA/MIBRAG, to the following address:





  European Commission |
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| Directorate-General for Competition |
| Merger Registry |
| J-70 |
| B-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.5498 — SD/JTIA/MIBRAG, to the following address:

European Commission

Directorate-General for Competition

Merger Registry

J-70

B-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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