Commission européenne, DG COMP MERGER REGISTRY, 1049 Bruxelles, BELGIQUE  
Europese Commissie, DG COMP MERGER REGISTRY, 1049 Brussel,   BELGIË  
 
Tel: +32 229- 91111. Fax: +32 229 -64301. E -mail: COMP -MERGER -REGISTRY@ec.europa.eu.  
  EUROPEAN COMMISSION  
Brussels, 17.4.2019  
C(2019)  3165 final  
 
To the notifying parties  
Subject : Case M. 9305 -  SEVEN ENERGY / HUANENG -YUDEAN / INTERGEN 
Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC) 
No 139/20041 and Article 57 of the Agreement on the European Economic Area2  
Dear Sir or Madam,  
1. On 26 March 2019, the European Commission received notification of a proposed 
concentration pursuant to Article 4 of the Merger  Regulation by which Sev.en Energy  AG 
(“Sev.en Energy ”, Liechtenstein) acquires  within the meaning of Article 3(1)(b)  and of 
Article 3(4)  of the Merger Regulation joint control of the whole of  InterGen N.V. 
(“InterGen ”, Netherlands) by way of  purchase of shares. InterGen is currently jointl y 
controlled by Ontario Teacher’s Pension Plan Board (“ OTTP ”) and China Huaneng Group 
Co. (“Huaneng ”, China) , each indirectly holding 50% of the share capital of InterGen. 
Post-transaction, Sev.en Energy and Huaneng will each indirectly hold 50% of the sha re 
capital of InterGen.3 
2. The business activities of the undertakings concerned are:  
– for Sev.en Energy : lignite  supply, generation and wholesale supply of electricity, 
provision of district heat , supply of coal combustion products and their 
corresponding natural materials, and trading  with CO2 emission allowances.  
– for InterGen : generation and wholesale supply of electricity, electricity trading 
and carbon emissions trading . 
                                                 
1 OJ L 24, 29.1.2004, p. 1 ( the 'Merger Regulation '). With effect from 1 December 2009,  the Treaty on the 
Functioning of the European Union ( 'TFEU ') has introduced certain changes, such as the replacement of 
'Community ' by 'Union ' and 'common market ' by 'internal market '. The terminology of the TFEU will be used 
throughout this decision.  
2  OJ L 1, 3.1.1994, p.  3 (the 'EEA Agreement '). 
3  Publication in the Official Journal of the European Union No C 123, 2.4.2019, p. 27. 
PUBLIC VERSION  
2 – for Huaneng : development, inve stment, construction, operation and manage ment 
of power generation assets and production a nd sale of electricity and heat, among 
other activities . 
3. After examination of the notification, the European Commission has concluded that the 
notified operation fall s within the scope of the Merger  Regulation  and of paragraph 5( c) of 
the Commission Notice on a simplified procedure for treatment of certain concentrations 
under Council Regulation (EC) No  139/2004.4 
4. For the reasons set out in the Notice on a simplified procedure, the European Commission 
has decided not to oppose the notified operation and to declare it compatible with the 
internal market and with the EEA Agreement. This decision is adopted in applicat ion of 
Article 6(1)(b) of the Merger  Regulation  and Article 57 of the EEA Agreement . 
For the Commission 
 
 
(Signed)  
Johannes LAITENBERGER 
Director -General  
                                                 
4  OJ C 366, 14.12.2013, p. 5.