# C_2010174EN.01001501.xml

| 1.7.2010 | EN | Official Journal of the European Union | C 174/15 |
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1.7.2010

EN

Official Journal of the European Union

C 174/15

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Prior notification of a concentration

(Case COMP/M.5848 — Delta/Eneco/PVNED)

Candidate case for simplified procedure

(Text with EEA relevance)

2010/C 174/07

| 1. | On 25 June 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 Delta Energy BV (‘DE’, the Netherlands) belonging to the group Delta NV (‘Delta’, The Netherlands) and Eneco Energy Trade BV (‘EET’, The Netherlands) belonging to the group Eneco Holding NV (‘Eneco’, The Netherlands) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of PVNED BV (‘PVNED’, The Netherlands) by restructuring PVNED in such a way that it will become a full function joint venture. |
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1.

On 25 June 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 Delta Energy BV (‘DE’, the Netherlands) belonging to the group Delta NV (‘Delta’, The Netherlands) and Eneco Energy Trade BV (‘EET’, The Netherlands) belonging to the group Eneco Holding NV (‘Eneco’, The Netherlands) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of PVNED BV (‘PVNED’, The Netherlands) by restructuring PVNED in such a way that it will become a full function joint venture.

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






  — | DE/Delta: provision of multi-utility services, inter alia, in the electricity and natural gas sectors, |
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2.

The business activities of the undertakings concerned are:

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DE/Delta: provision of multi-utility services, inter alia, in the electricity and natural gas sectors,

| — | EET/Eneco: provision of multi-utility services, inter alia, in the electricity and natural gas sectors, |
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EET/Eneco: provision of multi-utility services, inter alia, in the electricity and natural gas sectors,

| — | PVNED: provision of electricity balancing programs in the Netherlands and Belgium. |
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PVNED: provision of electricity balancing programs in the Netherlands and Belgium.

| 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.5848 — Delta/Eneco/PVNED, 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.5848 — Delta/Eneco/PVNED, 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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