# C_2011212EN.01003701.xml

| 19.7.2011 | EN | Official Journal of the European Union | C 212/37 |
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19.7.2011

EN

Official Journal of the European Union

C 212/37

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Prior notification of a concentration

(Case COMP/M.6238 — RREEF/SMAG/OHL — Arenales)

Candidate case for simplified procedure

(Text with EEA relevance)

2011/C 212/13

| 1. | On 8 July 2011, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which RREEF Pan-European Infrastructure Fund II, LP (‘RREEF’), ultimately controlled by Deutsche Bank AG (‘Deutsche Bank’, Germany), acquires joint control within the meaning of Article 3(1)(b) of the Merger Regulation of Arenales Solar PS, S.L. (‘Arenales’, Spain), by way of a purchase of shares. Arenales is currently jointly controlled by Solar Millenium AG (‘SMAG’, Germany) and OHL Industrial, S.L., part of the Villar Mir group (‘OHL/Villar’, Spain). |
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1.

On 8 July 2011, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which RREEF Pan-European Infrastructure Fund II, LP (‘RREEF’), ultimately controlled by Deutsche Bank AG (‘Deutsche Bank’, Germany), acquires joint control within the meaning of Article 3(1)(b) of the Merger Regulation of Arenales Solar PS, S.L. (‘Arenales’, Spain), by way of a purchase of shares. Arenales is currently jointly controlled by Solar Millenium AG (‘SMAG’, Germany) and OHL Industrial, S.L., part of the Villar Mir group (‘OHL/Villar’, Spain).

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






  — | for undertaking RREEF/Deutsche Bank: financial services, |
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2.

The business activities of the undertakings concerned are:

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for undertaking RREEF/Deutsche Bank: financial services,

| — | for undertaking Arenales: building and operating a thermosolar power plant in Morón de la Frontera, Seville, Spain, |
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for undertaking Arenales: building and operating a thermosolar power plant in Morón de la Frontera, Seville, Spain,

| — | For undertaking OHL/Villar: activities related to fertilizer, ferro-alloys, real estate, energy and the construction of industrial projects, |
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For undertaking OHL/Villar: activities related to fertilizer, ferro-alloys, real estate, energy and the construction of industrial projects,

| — | For undertaking SMAG: the promotion, construction and operation of thermo-solar power plants. |
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For undertaking SMAG: the promotion, construction and operation of thermo-solar power plants.

| 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.6238 — RREEF/SMAG/OHL — Arenales, 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.6238 — RREEF/SMAG/OHL — Arenales, 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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