Prior notification of a concentration (Case M.10617 – EDF / SOJITZ CORPORATION / NEBRAS POWER / KYUDEN INTERNATIONAL CORPORATION / JV) Candidate case for simplified procedure (Text with EEA relevance) 2022/C 35/04
Date: 2022-01-24
Institutions: Directorate-General for Competition, European Commission
Subjects: chemical industry, economic concentration, electrical energy, electricity supply, energy industry, energy production, gas industry, merger control, power plant, renewable energy








C_2022035EN.01001901.xml










24.1.2022   


EN


Official Journal of the European Union


C 35/19






Prior notification of a concentration
(Case M.10617 – EDF / SOJITZ CORPORATION / NEBRAS POWER / KYUDEN INTERNATIONAL CORPORATION / JV)
Candidate case for simplified procedure
(Text with EEA relevance)
(2022/C 35/04)

1.   
On 14 January 2022, 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:






—


EDF International S.A.S. (France), ultimately controlled by Electricité de France (‘EDF’, France),










—


Nebras Power Q.P.S.C. (‘Nebras’, Qatar), a joint venture between Qatar Electricity and Water Company O.P.S.C and the Qatar Investment Authority (Qatar),










—


Sojitz Global Investment B.V. (Netherlands), ultimately controlled by Sojitz Corporation (‘Sojitz’, Japan),










—


Kyuden International Corporation (‘Kyuden’, Japan), controlled by Kyushu Electric Power Co. Inc (Japan),










—


the Joint Venture (Uzbekistan), a newly formed company controlled by the also newly created Joint Venture Holding Company (Netherlands).




EDF, Nebras, Sojitz and Kyuden acquire within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control of the whole of the Joint Venture.
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 EDF: mainly active in the electricity markets, and in particular in electricity production (nuclear, renewable and fossil) and wholesale, trading, transmission, distribution and supply as well as in the gas and energy services markets and in the construction, operation and maintenance of electric plants and power networks,










—


for Nebras: active in the clean energy sector,










—


for Sojitz: active in chemicals, foodstuff resources, LNG terminal, machineries, automotive/aircraft parts and energy, namely an onshore wind farm portfolio and the retail supply of electricity and gas,










—


for Kyuden: active in utilising Kyushu’s technology and expertise in the energy sector in markets outside Japan,










—


for the Joint Venture: will be active in the development, ownership, financing, procurement, construction, testing, commissioning, operation, and maintenance of a greenfield power generation plant of 1,200-1,600 MW of power generation capacity, together with associated infrastructure and facilities, which will be located at Syrdarya, Republic of Uzbekistan as well as supplying the Government of Uzbekistan with electricity from the plant.






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 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.10617 – EDF / SOJITZ CORPORATION / NEBRAS POWER / KYUDEN INTERNATIONAL CORPORATION / JV
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.