Prior notification of a concentration (Case M.9535 — JERA/Macquarie/Swancor/Formosa 2) — Candidate case for simplified procedure (Text with EEA relevance.)
Date: 2019-09-18
Institutions: European Commission
Subjects: economic concentration, energy industry, energy production, investment company, merger control, provision of services, wind energy








C_2019314EN.01001101.xml










18.9.2019   


EN


Official Journal of the European Union


C 314/11






Prior notification of a concentration
(Case M.9535 — JERA/Macquarie/Swancor/Formosa 2)
Candidate case for simplified procedure
(Text with EEA relevance)
(2019/C 314/08)

1.   
On 6 September 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:






—


JERA Formosa 2 BV (‘JERA’, The Netherlands), controlled by JERA Co., Inc.,










—


Macquarie Corporate Holdings Pty Limited (‘Macquarie’, Australia),










—


Swancor Renewable Energy Co., Ltd (‘Swancor’, Taiwan),










—


Formosa 2 International Investment Co., Ltd (‘Formosa 2’, Taiwan).




JERA, Macquarie and Swancor acquire within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control of the whole of Formosa 2.
The concentration is accomplished by way of purchase of shares.


2.   
The business activities of the undertakings concerned are:
—   for JERA: JERA is a special purpose vehicle, controlled by JERA Co., Inc. JERA Co., Inc. is jointly owned by two Japanese utility companies, TEPCO Fuel & Power, Inc., which is a 100 % subsidiary of Tokyo Electric Power Company Holdings, Inc., and Chubu Electric Power Co., Inc.,
—   for Macquarie: diverse range of businesses, including investing in a wide range of sectors including resources and commodities, energy, financial institutions, infrastructure and real estate,
—   for Swancor: Taiwan-based developer and operator of offshore wind farms, providing engineering, procurement, permitting, asset management and operation and maintenance services across offshore wind farms in Taiwan,
—   for Formosa 2: construction and operation of the Formosa 2 offshore windfarm located off the coast of Miaoli County, in North-West Taiwan.


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.9535 — JERA/Macquarie/Swancor/Formosa 2
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.