# C_2010289EN.01000501.xml

| 26.10.2010 | EN | Official Journal of the European Union | C 289/5 |
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26.10.2010

EN

Official Journal of the European Union

C 289/5

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Prior notification of a concentration

(Case COMP/M.6014 — GDF Suez/Certain Assets of Acea Electrabel)

Candidate case for simplified procedure

(Text with EEA relevance)

2010/C 289/05

| 1. | On 18 October 2010, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which GDF Suez Energia Italia SpA (‘GSEI’, Italy) belonging to GDF Suez SA (‘GDFS’, France) acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of (i) Acea Electrabel Produzione (‘AEP’, Italy), and of (ii) Acea Electrabel Trading (‘AET’, Italy) both currently belonging to Acea Electrabel (‘AE’, Italy), a joint venture between GSEI and Acea SpA (‘Acea’, Italy), by way of purchase of shares. A number of AEP production assets will be transferred to Acea prior to the closing of the transaction. |
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1.

On 18 October 2010, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which GDF Suez Energia Italia SpA (‘GSEI’, Italy) belonging to GDF Suez SA (‘GDFS’, France) acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of (i) Acea Electrabel Produzione (‘AEP’, Italy), and of (ii) Acea Electrabel Trading (‘AET’, Italy) both currently belonging to Acea Electrabel (‘AE’, Italy), a joint venture between GSEI and Acea SpA (‘Acea’, Italy), by way of purchase of shares. A number of AEP production assets will be transferred to Acea prior to the closing of the transaction.

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






  — | for GDFS: present across the entire energy chain, in electricity and in natural gas, |
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2.

The business activities of the undertakings concerned are:

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for GDFS: present across the entire energy chain, in electricity and in natural gas,

| — | for GSEI: holding company for the energy business activities of the GDFS group in Italy, |
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for GSEI: holding company for the energy business activities of the GDFS group in Italy,

| — | for AEP: electricity generation and wholesale supply on the Italian market, |
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for AEP: electricity generation and wholesale supply on the Italian market,

| — | for AET: electricity and gas power trading in Italy. |
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for AET: electricity and gas power trading in Italy.

| 3. | On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the EC Merger Regulation. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under the EC Merger Regulation (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 the EC Merger Regulation. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under the EC Merger Regulation (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), by email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.6014 — GDF Suez/Certain Assets of Acea Electrabel, 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 email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.6014 — GDF Suez/Certain Assets of Acea Electrabel, 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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(2)  OJ C 56, 5.3.2005, p. 32 (‘Notice on a simplified procedure’).

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