Prior notification of a concentration

(Case M.10444 — RWE Generation/Messer Industriegase/Kreis Düren/Siemens Project Ventures/JV)

Candidate case for simplified procedure

(Text with EEA relevance)

(2021/C 393/10)

1. On 17 September 2021, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 ( 1 ) This notification concerns the following undertakings: — Beteiligungsgesellschaft Kreis Düren MBH (‘BTG’, Germany), — Messer Industriegase GmbH (‘Messer Industriegase’, Germany), — RWE Generation SE (‘RWE Generation’, Germany), — Siemens Project Ventures GmbH, (‘Siemens’, Germany). BTG, Messer Industriegase, RWE Generation and Siemens acquire within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control of the whole of a newly created company constituting a joint venture (‘JV’, Germany). The concentration is accomplished by way of purchase of shares in a newly created company constituting a joint venture.

2. The business activities of the undertakings concerned are: — BTG is an associated company of the administrative district of Düren, Germany, which administers the shareholdings of the district of Düren. — Messer Industriegase is a manufacturer of industrial gas, special gas and medical gas as well as gas mixtures. — RWE Generation is active in the generation and trade of electricity stemming from sources such as gas, coal or renewable sources. — Siemens provides products and services related to electrification, automation and digitisation in the fields of industry, mobility, infrastructure and healthcare. Siemens Project Ventures is a subsidiary of Siemens active in project development. — The JV will be active in the planning, development, construction and operation of a plant for the production of hydrogen in Jülich in the district of Düren. The JV will further operate a hydrogen filling station for cars and a filling station for trailers. It will supply the waste heat into the local heating network.

3. 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. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under the Council Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice.

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. The following reference should always be specified: M.10444 — RWE Generation/Messer Industriegase/Kreis Düren/Siemens Project Ventures/JV Observations can be sent to the Commission by email, by fax, or by post. Please use the contact details below: Email: COMP-MERGER-REGISTRY@ec.europa.eu Fax +32 22964301 Postal address: European Commission Directorate-General for Competition Merger Registry 1049 Bruxelles/Brussel BELGIQUE/BELGIË

(1) OJ L 24, 29.1.2004, p. 1 (the ‘Merger Regulation’).

(2) OJ C 366, 14.12.2013, p. 5.