Prior notification of a concentration (Case M.10377 — RAG-Stiftung/Open Grid Europe/H2UB) Candidate case for simplified procedure (Text with EEA relevance) 2021/C 334/05
Date: 2021-08-20
Institutions: Directorate-General for Competition, European Commission
Subjects: Germany, coal industry, consultancy, economic concentration, financing, gas pipeline, hydrogen, management, merger control, start-up








C_2021334EN.01002201.xml










20.8.2021   


EN


Official Journal of the European Union


C 334/22






Prior notification of a concentration
(Case M.10377 — RAG-Stiftung/Open Grid Europe/H2UB)
Candidate case for simplified procedure
(Text with EEA relevance)
(2021/C 334/05)

1.   
On 12 August 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:






—


RAG Stiftung (‘RAGS’, Germany),










—


Open Grid Europe GmbH (‘OGE’, Germany), controlled by Vier Gas Holdings S.à.r.l. (Luxembourg),










—


H2UB GmbH (‘H2UB’, Germany).




RAGS and OGE acquire within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control of H2UB.
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:






—


for RAGS: active worldwide in financing the perpetual obligations left behind by the German hard coal industry and acquisition and management of direct or indirect interests in entities in accordance with this goal, including shareholdings in the speciality chemicals company Evonik Industries AG and in the housing provider Vivawest GmbH;










—


for OGE: primarily active in Germany, amongst others in the operation of a natural gas pipeline network in Germany, as well as in consulting services concerning a transformation to hydrogen usage via its jointly-controlled subsidiary evety GmbH;










—


for H2UB: will be primarily active in Germany in management consulting services for start-ups in the hydrogen industry and organization and management of hydrogen related business events.






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.10377 — RAG-Stiftung/Open Grid Europe/H2UB
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.