# C_2010298EN.01001101.xml

| 4.11.2010 | EN | Official Journal of the European Union | C 298/11 |
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4.11.2010

EN

Official Journal of the European Union

C 298/11

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Prior notification of a concentration

(Case COMP/M.5913 — CEZ/EPH/Mibrag Group)

(Text with EEA relevance)

2010/C 298/09

| 1. | On 25 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 HC Fin3 NV (The Netherlands) wholly owned by Energetický a průmyslový holding, a.s. (‘EPH’, Czech Republic), and ČEZ, a.s. (‘ČEZ’, Czech Republic) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control over JTSD Braunkohlebergbau GmbH (‘JTSD’, Germany) and its wholly owned subsidiary Mitteldeutsche Braunkohlengesellschaft mbH (‘Mibrag’, Germany, Mibrag and its subsidiaries collectively called Mibrag Group) which are currently controlled by ČEZ 's subsidiary Severočeské doly a.s. (‘SD’, Czech Republic) and Mr Křetínský wholly-owned special purpose vehicle, namely, Lignite Investments (Cyprus), by way of purchase of shares. |
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1.

On 25 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 HC Fin3 NV (The Netherlands) wholly owned by Energetický a průmyslový holding, a.s. (‘EPH’, Czech Republic), and ČEZ, a.s. (‘ČEZ’, Czech Republic) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control over JTSD Braunkohlebergbau GmbH (‘JTSD’, Germany) and its wholly owned subsidiary Mitteldeutsche Braunkohlengesellschaft mbH (‘Mibrag’, Germany, Mibrag and its subsidiaries collectively called Mibrag Group) which are currently controlled by ČEZ 's subsidiary Severočeské doly a.s. (‘SD’, Czech Republic) and Mr Křetínský wholly-owned special purpose vehicle, namely, Lignite Investments (Cyprus), by way of purchase of shares.

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






  — | for EPH: strategic investor in the energy sector and a major investor in industry, |
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2.

The business activities of the undertakings concerned are:

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for EPH: strategic investor in the energy sector and a major investor in industry,

| — | for JTSD: limited liability company fully controlling Mibrag, |
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for JTSD: limited liability company fully controlling Mibrag,

| — | for Mibrag Group: mainly active in ortho-lignite mining, district heating, operation of lignite fired power generation plants in Germany, |
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for Mibrag Group: mainly active in ortho-lignite mining, district heating, operation of lignite fired power generation plants in Germany,

| — | for SD: lignite mining in Czech Republic, |
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for SD: lignite mining in Czech Republic,

| — | for ČEZ: different activities in the energy sector like (i) generation, (ii) distribution and (iii) sale of electricity and heat in the Czech Republic and (iv)electricity trading and operation of power plants in some other European countries. |
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for ČEZ: different activities in the energy sector like (i) generation, (ii) distribution and (iii) sale of electricity and heat in the Czech Republic and (iv)electricity trading and operation of power plants in some other European countries.

| 3. | On preliminary examination, the Commission finds that the notified transaction could fall within the scope the EC Merger Regulation. However, the final decision on this point is reserved. |
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3.

On preliminary examination, the Commission finds that the notified transaction could fall within the scope the EC Merger Regulation. However, the final decision on this point is reserved.

| 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 e-mail to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.5913 — CEZ/EPH/Mibrag Group, 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 e-mail to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.5913 — CEZ/EPH/Mibrag Group, 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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