# C_2010061EN.01001401.xml

| 12.3.2010 | EN | Official Journal of the European Union | C 61/14 |
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12.3.2010

EN

Official Journal of the European Union

C 61/14

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Prior notification of a concentration

(Case COMP/M.5788 — Sharp/Enel Green Power/JV)

Candidate case for simplified procedure

(Text with EEA relevance)

2010/C 61/07

| 1. | On 5 March 2010, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which Enel Green Power S.p.A. (‘Enel Green Power’, Italy) controlled by Enel S.p.A. (collectively with its subsidiaries ‘Enel group’, Italy) and Sharp Corporation (‘Sharp’, Japan) acquire within the meaning of Article 3(1)(b) of the EC Merger Regulation joint control of IPP JV a newly created company constituting a joint venture, by way of purchase of shares. |
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1.

On 5 March 2010, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which Enel Green Power S.p.A. (‘Enel Green Power’, Italy) controlled by Enel S.p.A. (collectively with its subsidiaries ‘Enel group’, Italy) and Sharp Corporation (‘Sharp’, Japan) acquire within the meaning of Article 3(1)(b) of the EC Merger Regulation joint control of IPP JV a newly created company constituting a joint venture, by way of purchase of shares.

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






  — | for Enel Group: generation and distribution of energy, |
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2.

The business activities of the undertakings concerned are:

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for Enel Group: generation and distribution of energy,

| — | for Sharp: manufacturing and distribution of consumer and IT products, |
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for Sharp: manufacturing and distribution of consumer and IT products,

| — | for IPP JV: generation and supply of electricity. |
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for IPP JV: generation and supply of electricity.

| 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.5788 — Sharp/Enel Green Power/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.5788 — Sharp/Enel Green Power/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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