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, 9.12.2019  
C(2019 ) 8922 final  
PUBLIC VERSION  
To the notifying parties  
Subject : Case M.9632 - E.ON / BERLINER STADTWERKE / TEGEL ENERGIE  
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 15 November 2019 , the European Commission received notification of a proposed 
concentration pursuant to Article 4 of the Merger  Regulation by which E.ON SE  
(“EON”, Germany) , and B erliner Stadtwerke GmbH („BSW“ , Germany ), controlled 
by Berliner Wasserbetriebe Anstalt des öffentlichen Rechts („BWB“ , Germany ), 
acquire within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation  joint 
control of Tegel  Energie, a newly created joint venture  (“Tegel Energie”, Germany ).3 
2. The business activities of the undertakings concerned and the joint venture are: 
 for E.ON : E.ON´s  activities are focused on two main business pillars: (i) energy 
distribution networks and  (ii) customer solutions (including electricity and gas 
retail supply ). 
 for BSW: BSW is a 100% subsidiary of BWB. BWB is active with regard to 
drinking water supply and provides wastewater treatment services , as well as - 
through  BSW  - in the construction and operation of renewable energy plants and 
electricity retail supply.  
 for Tegel Energie: Tegel Energie will construct and operate a new district heating 
and cooling network as well as generation facilities for two new 
residential/commercial areas on the site of today’s Berlin Tegel Airport.  
                                                 
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 398, 25.11.2019 , p. 7. 

2 3. After examination of the notification,  the European Commission has concluded that 
the notified operation falls within the scope of the Merger  Regulation  and of 
paragraph 5 (a) 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 application of Article 6(1)(b) of the Merger  Regulation  and Article 57 of 
the EEA Agreement . 
For the Commission  
 
 
(Signed)  
Cecilio MADERO VILLAREJO  
Acting Director -General  
                                                 
4  OJ C 366, 14.12.2013, p. 5 .