# C_2009088EN.01000701.xml

| 17.4.2009 | EN | Official Journal of the European Union | C 88/7 |
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17.4.2009

EN

Official Journal of the European Union

C 88/7

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Prior notification of a concentration

(Case COMP/M.5487 — VOITH/RWEI/JV)

Candidate case for simplified procedure

(Text with EEA relevance)

2009/C 88/04

| 1. | On 7 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 Voith Hydro Holding GmbH & Co. KG (‘VH’, Germany) and RWE Innogy GmbH (‘RWEI’, Germany), acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of a newly created company which they create as a joint venture (‘NewCo’). |
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1.

On 7 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 Voith Hydro Holding GmbH & Co. KG (‘VH’, Germany) and RWE Innogy GmbH (‘RWEI’, Germany), acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of a newly created company which they create as a joint venture (‘NewCo’).

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






  — | VH: a joint venture founded by Voith AG and Siemens AG, active in the development, manufacture and distribution of water power extraction installations, |
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2.

The business activities of the undertakings concerned are:

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VH: a joint venture founded by Voith AG and Siemens AG, active in the development, manufacture and distribution of water power extraction installations,

| — | RWEI: a subsidiary of RWE AG, active in the field of renewable energy, |
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RWEI: a subsidiary of RWE AG, active in the field of renewable energy,

| — | NewCo: active in technology for tidal energy extraction installations. |
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NewCo: active in technology for tidal energy extraction installations.

| 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) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.5487 — VOITH/RWEI/JV, to the following address:





  European Commission |
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| Directorate-General for Competition |
| Merger Registry |
| J-70 |
| B-1049 Bruxelles/Brussels |

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) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.5487 — VOITH/RWEI/JV, to the following address:

European Commission

Directorate-General for Competition

Merger Registry

J-70

B-1049 Bruxelles/Brussels

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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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