# C_2010018EN.01003701.xml

| 23.1.2010 | EN | Official Journal of the European Union | C 18/37 |
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23.1.2010

EN

Official Journal of the European Union

C 18/37

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Prior notification of a concentration

(Case COMP/M.5657 — EnBW Kraftwerke/Evonik Power Minerals/JV)

Candidate case for simplified procedure

(Text with EEA relevance)

2010/C 18/12

| 1. | On 18 January 2010 the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004, (1) by which EnBW Kraftwerke AG (‘EnBW-KWG’, Germany), which is controlled by EnBW Energie Baden-Württemberg AG (‘EnBW’, Germany), and Evonik Power Minerals GmbH (‘EPM’, Germany), which is controlled by Evonik Industries AG (‘Evonik’, Germany), are to acquire within the meaning of Article 3(1)(b) of the Regulation control of the newly created undertaking NewCo by way of purchase of shares. |
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1.

On 18 January 2010 the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004, (1) by which EnBW Kraftwerke AG (‘EnBW-KWG’, Germany), which is controlled by EnBW Energie Baden-Württemberg AG (‘EnBW’, Germany), and Evonik Power Minerals GmbH (‘EPM’, Germany), which is controlled by Evonik Industries AG (‘Evonik’, Germany), are to acquire within the meaning of Article 3(1)(b) of the Regulation control of the newly created undertaking NewCo by way of purchase of shares.

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






  — | EnBW-KWG: operation of conventional power plants (in particular coal-fired plants), electricity generation, district heating and power plant by-products (fly ash and gypsum) in Germany, |
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2.

The business activities of the undertakings concerned are:

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EnBW-KWG: operation of conventional power plants (in particular coal-fired plants), electricity generation, district heating and power plant by-products (fly ash and gypsum) in Germany,

| — | EnBW: a vertically integrated energy supply undertaking in Germany, |
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EnBW: a vertically integrated energy supply undertaking in Germany,

| — | EPM: trade in building materials, including fly ash and gypsum in the EU, |
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EPM: trade in building materials, including fly ash and gypsum in the EU,

| — | Evonik: a group active in the specialty chemicals, energy and real estate sectors, |
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Evonik: a group active in the specialty chemicals, energy and real estate sectors,

| — | NewCo: trade in fly ash and gypsum. |
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NewCo: trade in fly ash and gypsum.

| 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 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 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 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.5657 — EnBW Kraftwerke/Evonik Power Minerals/JV, 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.5657 — EnBW Kraftwerke/Evonik Power Minerals/JV, 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, 5.3.2009, p. 32 (‘Notice on a simplified procedure’).

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