Prior notification of a concentration (Case M.9632 — E.ON/Berliner Stadtwerke/Tegel Energie) Candidate case for simplified procedure (Text with EEA relevance) 2019/C 398/06
Date: 2019-11-25
Institutions: Directorate-General for Competition, European Commission
Subjects: economic concentration, electricity supply, energy supply, gas supply, heating, merger control, retail trade, services of general interest, water supply, water treatment








C_2019398EN.01000701.xml










25.11.2019   


EN


Official Journal of the European Union


C 398/7






Prior notification of a concentration
(Case M.9632 — E.ON/Berliner Stadtwerke/Tegel Energie)
Candidate case for simplified procedure
(Text with EEA relevance)
(2019/C 398/06)

1.   
On 15 November 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:






—


E.ON SE, a DAX-listed European energy company based in Essen, Germany,










—


Berliner Stadtwerke GmbH (‘BSW’), based in Berlin, Germany and a 100 %-subsidiary of Berliner Wasserbetriebe Anstalt des öffentlichen Rechts (‘BWB’),










—


Tegel Energie, a newly formed joint venture, based in Berlin, Germany.




E.ON and BSW acquire within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control of Tegel Energie.
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:






—


E.ON SE: E.ON’s activities are focused on two main business pillars: (i) energy distribution networks and (ii) customer solutions (including electricity and gas retail supply),










—


BSW: BSW and BWB are municipal utilities. BWB is active with regard to drinking water supply and provides wastewater treatment services. BSW’s activities focus on the construction and operation of renewable energy plants and electricity retail supply,










—


Tegel Energie: Tegel Energie will construct and operate a new district heating and cooling network as well as generation facilities for two new residential/commercial areas on the site of today’s Berlin Tegel Airport.






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.9632 — E.ON/Berliner Stadtwerke/Tegel Energie
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.