# C_2011172EN.01002001.xml

| 11.6.2011 | EN | Official Journal of the European Union | C 172/20 |
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11.6.2011

EN

Official Journal of the European Union

C 172/20

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Prior notification of a concentration

(Case COMP/M.6271 — RWE Deutschland/Aesop/Vitronet Holding)

Candidate case for simplified procedure

(Text with EEA relevance)

2011/C 172/09

| 1. | On 31 May 2011, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertakings RWE Deutschland AG (‘RWE’, Germany) and Aesop Sárl (‘Aesop’, Luxembourg), belonging to the Ventizz Group (Jersey) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of Vitronet Holding GmbH (‘Vitronet’, Germany) by way of purchase of shares. |
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1.

On 31 May 2011, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertakings RWE Deutschland AG (‘RWE’, Germany) and Aesop Sárl (‘Aesop’, Luxembourg), belonging to the Ventizz Group (Jersey) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of Vitronet Holding GmbH (‘Vitronet’, Germany) by way of purchase of shares.

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






  — | RWE: generation, energy trading, transport, sale and distribution of electricity and gas, |
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2.

The business activities of the undertakings concerned are:

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RWE: generation, energy trading, transport, sale and distribution of electricity and gas,

| — | Aesop: a special purpose vehicle used by the private equity fund Ventizz Capital Fund IV LP, |
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Aesop: a special purpose vehicle used by the private equity fund Ventizz Capital Fund IV LP,

| — | Vitronet: service provider for telecommunication and cable operators, which develops, markets and operates FTTX networks. |
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Vitronet: service provider for telecommunication and cable operators, which develops, markets and operates FTTX networks.

| 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.6271 — RWE Deutschland/Aesop/Vitronet Holding, 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.6271 — RWE Deutschland/Aesop/Vitronet Holding, 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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