Prior notification of a concentration (Case M.9305 — Sev.en Energy/Huaneng-Yudean/InterGen) — Candidate case for simplified procedure (Text with EEA relevance.)
Date: 2019-04-02
Institutions: European Commission
Subjects: coal industry, economic concentration, electrical energy, emission trading, energy industry, energy production, energy supply, merger control, power plant, wholesale trade








C_2019123EN.01002701.xml










2.4.2019   


EN


Official Journal of the European Union


C 123/27






Prior notification of a concentration
(Case M.9305 — Sev.en Energy/Huaneng-Yudean/InterGen)
Candidate case for simplified procedure
(Text with EEA relevance)
(2019/C 123/15)

1.   
On 26 March 2019, 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:






—


Sev.en Energy AG (‘Sev.en Energy’, Liechtenstein),










—


InterGen N.V. (‘InterGen’, Netherlands),










—


China Huaneng Group Co. (‘Huaneng’, China).




Sev.en Energy acquires within the meaning of Article 3(1)(b) of the Merger Regulation joint control of the whole of InterGen. InterGen is currently jointly controlled by Ontario Teacher’s Pension Plan Board (‘OTTP’) and Huaneng, each indirectly holding 50 % of the share capital of InterGen. Post-transaction, Sev.en Energy and Huaneng will each indirectly hold 50 % of the share capital of InterGen.
The concentration is accomplished by way of purchase of shares.


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,
—   for Huaneng: development, investment, construction, operation and management of power generation assets and production and sale of electricity and heat, among other activities.


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.9305 — Sev.en Energy/Huaneng-Yudean/InterGen
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.