Prior notification of a concentration (Case COMP/M.5972 — CKI/HEH/EDF (UK Electricity Distribution Business)) — Candidate case for simplified procedure  Text with EEA relevance
Date: 2010-09-17
Institutions: European Commission
Subjects: economic concentration, electrical energy, electrical industry, electricity supply, energy production, energy transport, exchange of information, merger control








C_2010250EN.01001501.xml










17.9.2010   


EN


Official Journal of the European Union


C 250/15





Prior notification of a concentration
(Case COMP/M.5972 — CKI/HEH/EDF (UK Electricity Distribution Business))
Candidate case for simplified procedure
(Text with EEA relevance)
2010/C 250/12






1.


On 10 September 2010, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which Cheung Kong Infrastructure Holdings Limited (‘CKI’, Bermuda) controlled by Hutchison Whampoa Limited (‘HWL’, Hong Kong) and Hongkong Electric Holdings Limited (‘HEH’, Hong Kong) belonging to the Cheung Kong Group, acquire within the meaning of Article 3(1)(b) of the EC Merger Regulation control of the whole of the regulated and non-regulated UK electricity distribution network businesses of Electricité de France SA (‘EDF’, France) collectively ‘the Target businesses’ (2), through a special purpose vehicle, namely, Eclipse First Network Limited, by way of purchase of shares.










2.


The business activities of the undertakings concerned are:






—


CKI: activities in electricity generation, transmission and distribution, toll roads, gas distribution, water treatment and distribution and infrastructure materials,










—


HEH: activities in electricity generation, transmission and distribution in Hong Kong,










—


HWL: investment business,










—


The target businesses: electricity distribution in the east and south east of England and London and operation and maintenance of privately owned electricity distribution network assets at a number of sites in UK.














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 (3) 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. 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.5972 — CKI/HEH/EDF (UK Electricity Distribution Business) to the following address:





European Commission




Directorate-General for Competition




Merger Registry




J-70




1049 Bruxelles/Brussel




BELGIQUE/BELGIË










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

(2)  The undertakings to be acquired together with their subsidiaries are (i) EDF Energy Networks (SPN) plc, (ii) EDF Energy Networks (EPN) plc, (iii) EDF Energy Networks (LDN) plc, (iv) EDF Energy Networks Ltd, (v) EDF Energy (Transport Services) Ltd, (vi) EDF Energy (Services) Ltd, (vii) EDF (Enterprises) Ltd, (viii)EDF Energy (South East) plc.

(3)  OJ C 56, 5.3.2005, p. 32 (‘Notice on a simplified procedure’).