# C_2010227EN.01000601.xml

| 24.8.2010 | EN | Official Journal of the European Union | C 227/6 |
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24.8.2010

EN

Official Journal of the European Union

C 227/6

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Prior notification of a concentration

(Case COMP/M.5944 — Osaka/UFG/Infrastructure Arzak/Saggas)

(Text with EEA relevance)

2010/C 227/06

| 1. | On 16 July 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 undertakings Osaka Gas UK Ltd (‘Osaka’, United Kingdom), belonging to Osaka Gas Co., Ltd (‘Osaka Gas’, Japan), Infrastructure Arzak BV (‘Arzak’, the Netherlands), an indirect subsidiary of Deutsche Bank (‘DB’, Germany) and Unión Fenosa Gas (‘UFG’, Spain) a joint venture between Unión Fenosa SA (now Gas Natural SDG, SA ‘GN’, Spain), and ENI SpA (‘ENI’, Italy), acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of the undertaking Planta de Regasificación de Sagunto (‘Saggas’, Spain) by way of purchase of shares. By means of this Transaction, Osaka replaces Endesa Generación, SA (‘Endesa’, Spain) as controlling shareholder. The positions of the other joint-controlling shareholder, Arzak and UFG in Saggas are not affected by the present Transaction. |
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1.

On 16 July 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 undertakings Osaka Gas UK Ltd (‘Osaka’, United Kingdom), belonging to Osaka Gas Co., Ltd (‘Osaka Gas’, Japan), Infrastructure Arzak BV (‘Arzak’, the Netherlands), an indirect subsidiary of Deutsche Bank (‘DB’, Germany) and Unión Fenosa Gas (‘UFG’, Spain) a joint venture between Unión Fenosa SA (now Gas Natural SDG, SA ‘GN’, Spain), and ENI SpA (‘ENI’, Italy), acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of the undertaking Planta de Regasificación de Sagunto (‘Saggas’, Spain) by way of purchase of shares. By means of this Transaction, Osaka replaces Endesa Generación, SA (‘Endesa’, Spain) as controlling shareholder. The positions of the other joint-controlling shareholder, Arzak and UFG in Saggas are not affected by the present Transaction.

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| 2. | This notification has been declared incomplete on 23 July 2010. The undertakings concerned have now provided the further information required. The notification became complete within the meaning of Article 10(1) of the Merger Regulation on 17 August 2010. |
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2.

This notification has been declared incomplete on 23 July 2010. The undertakings concerned have now provided the further information required. The notification became complete within the meaning of Article 10(1) of the Merger Regulation on 17 August 2010.

| 3. | The business activities of the undertakings concerned are:






  — | for Osaka: energy supply, |
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3.

The business activities of the undertakings concerned are:

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for Osaka: energy supply,

| — | for Arzak: management of the stakes of its parent company in liquid natural gas regasification plants in Spain, |
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for Arzak: management of the stakes of its parent company in liquid natural gas regasification plants in Spain,

| — | for UFG: supply of gas to undertakings and individuals in Spain, |
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for UFG: supply of gas to undertakings and individuals in Spain,

| — | for Saggas: regasification of liquid natural gas in Spain. |
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for Saggas: regasification of liquid natural gas in Spain.

| 4. | On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the Merger Regulation. However, the final decision on this point is reserved. |
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4.

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

| 5. | 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.5944 — Osaka/UFG/Infrastructure Arzak/Saggas to the following address:





  European Commission |
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| Directorate-General for Competition |
| Merger Registry |
| J-70 |
| 1049 Bruxelles/Brussel |
| BELGIQUE/BELGIË |

5.

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.5944 — Osaka/UFG/Infrastructure Arzak/Saggas 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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