Prior notification of a concentration

(Case M.10243 — HanseWerk/EDF/IPP/EARH/Hypion JV)

Candidate case for simplified procedure

(Text with EEA relevance)

(2021/C 266/05)

1. On 23 June 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: — HanseWerk AG (‘HAW’, Germany), controlled by E.ON SE (Germany), — EDF Deutschland GmbH (Germany), a subsidiary of EDF S.A. (‘EDF’, France), — IPP Projects GmbH (‘IPP’, Germany), a subsidiary of Possel & Koselowske Holding GmbH (Germany), part of the IPP Group (Germany), — Entwicklungsagentur Region Heide AöR (‘EARH’, Germany), — Hypion GmbH (‘Hypion’, Germany). HAW, EDF, IPP and EARH acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of the whole of Hypion. The concentration is accomplished by way of purchase of shares.

2. The business activities of the undertakings concerned are: — for HAW: operates energy grids which supply electricity, gas or heat and offers energy solutions with a focus on grid operation and decentralised energy generation in Northern Germany, — for EDF: electricity production, wholesale, trading and supply, as well as being active in the gas and energy services markets, the construction, operation, and maintenance of electrical plants and power networks, and provision of waste recycling and energy services, — for IPP: part of a Group that is active in the areas of planning, consulting, design, assessment, construction management and project coordination for all areas of environmental protection in construction and process engineering, — for EARH: an institution under German public law founded by the city of Heide and eleven other municipalities near Heide, Northern Germany that develops and implements concepts aimed at developing housing, economy and trade (including the creation of jobs in the renewable energy sector), retail, public transport, schooling, social infrastructure, landscape and recreation, — for Hypion: developing and selling projects in the field of green hydrogen and other industrial gases produced from green hydrogen in the North of Germany.

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.10243 — HanseWerk/EDF/IPP/EARH/Hypion 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.