# C_2011007EN.01000701.xml

| 12.1.2011 | EN | Official Journal of the European Union | C 7/7 |
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12.1.2011

EN

Official Journal of the European Union

C 7/7

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Prior notification of a concentration

(Case COMP/M.6055 — STRABAG SE/EW4E Group/BMG JV)

Candidate case for simplified procedure

(Text with EEA relevance)

2011/C 7/05

| 1. | On 4 January 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 undertaking STRABAG AG (Austria) controlled by STRABAG SE (Austria) and EW4E GmbH (Germany) belonging to the group GDF Suez SA (France) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of the undertaking BMG GmbH (Austria) by way of purchase of shares in a newly created company constituting a joint venture. |
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1.

On 4 January 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 undertaking STRABAG AG (Austria) controlled by STRABAG SE (Austria) and EW4E GmbH (Germany) belonging to the group GDF Suez SA (France) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of the undertaking BMG GmbH (Austria) by way of purchase of shares in a newly created company constituting a joint venture.

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






  — | for STRABAG AG: active in the construction industry in Austria, in particular in civil engineering as well as in road engineering, tunnel construction and project management, |
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2.

The business activities of the undertakings concerned are:

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for STRABAG AG: active in the construction industry in Austria, in particular in civil engineering as well as in road engineering, tunnel construction and project management,

| — | for EW4E GmbH: energy management, energy efficiency, renewable energies, energy trading as well as consultancy services for the construction and operation of the energy facilities, |
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for EW4E GmbH: energy management, energy efficiency, renewable energies, energy trading as well as consultancy services for the construction and operation of the energy facilities,

| — | for BMG GmbH: burning of non-hazardous sewage sludge. |
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for BMG GmbH: burning of non-hazardous sewage sludge.

| 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.6055 — STRABAG SE/EW4E Group/BMG 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.6055 — STRABAG SE/EW4E Group/BMG 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, 5.3.2005, p. 32 (‘Notice on a simplified procedure’).

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