# C_2010126EN.01001601.xml

| 18.5.2010 | EN | Official Journal of the European Union | C 126/16 |
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18.5.2010

EN

Official Journal of the European Union

C 126/16

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Prior notification of a concentration

(Case COMP/M.5740 — Gazprom/A2A/JV)

Candidate case for simplified procedure

(Text with EEA relevance)

2010/C 126/08

| 1. | On 7 May 2010, 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 Gazprom Germania GmbH (‘Gazprom Germania’, Germany), which is ultimately controlled by OAO Gazprom (‘Gazprom’, Russian Federation) and the undertaking A2A SpA (‘A2A’, Italy), acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of the undertaking PremiumGas SpA (‘PremiumGas’, Italy), by way of purchase of shares in a company constituting a joint venture |
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1.

On 7 May 2010, 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 Gazprom Germania GmbH (‘Gazprom Germania’, Germany), which is ultimately controlled by OAO Gazprom (‘Gazprom’, Russian Federation) and the undertaking A2A SpA (‘A2A’, Italy), acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of the undertaking PremiumGas SpA (‘PremiumGas’, Italy), by way of purchase of shares in a company constituting a joint venture

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






  — | for Gazprom Germania: it is active on the sale of gas in Europe and in the Community of Independent States (CIS) (2) as well as in the construction of gas infrastructure, |
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2.

The business activities of the undertakings concerned are:

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for Gazprom Germania: it is active on the sale of gas in Europe and in the Community of Independent States (CIS) (2) as well as in the construction of gas infrastructure,

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| — | for A2A: it operates mainly in Italy in the supply of electricity, gas, district heating and waste treatment, |
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for A2A: it operates mainly in Italy in the supply of electricity, gas, district heating and waste treatment,

| — | PremiumGas: it is active in the supply of natural gas in Italy. |
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PremiumGas: it is active in the supply of natural gas 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 (3) 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 (3) 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.5740 — Gazprom/A2A/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.5740 — Gazprom/A2A/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)  The countries of the CIS are Armenia, Azerbaijan, Belarus, Kazakhstan, Kyrgyzstan, Moldova, Russian Federation, Tajikistan, Turkmenistan, Ukraine and Uzbekistan.

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(3)  OJ C 56, 5.3.2005, p. 32 (‘Notice on a simplified procedure’).

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