Prior notification of a concentration (Case M.10863 – HANWHA Q CELLS / ENERCITY / LYNQTECH) Candidate case for simplified procedure (Text with EEA relevance) 2022/C 367/08
Date: 2022-09-26
Institutions: Directorate-General for Competition, European Commission
Subjects: drinking water, economic concentration, electrical energy, energy industry, heating, information technology industry, merger control, natural gas, provision of services, solar architecture, solar energy end-use applications








C_2022367EN.01001501.xml










26.9.2022   


EN


Official Journal of the European Union


C 367/15






Prior notification of a concentration
(Case M.10863 – HANWHA Q CELLS / ENERCITY / LYNQTECH)
Candidate case for simplified procedure
(Text with EEA relevance)
(2022/C 367/08)

1.   
On 19 September 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:






—


Hanwha Q CELLS GmbH (‘Hanwha Q CELLS’, Germany), controlled by Hanwha Corporation (Republic of Korea),










—


Enercity digital GmbH (‘enercity’, Germany), controlled by Versorgungs- und Verkehrsgesellschaft Hannover mbH (‘VVG’, Germany),










—


LynqTech GmbH (‘LynqTech’, Germany), currently controlled by enercity.




Hanwha Q CELLS and enercity will acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of the whole of LynqTech.
The concentration is accomplished by way of purchase of shares.


2.   
The business activities of the undertakings concerned are the following:






—


for Hanwha Q CELLS: energy solution provider wih a business scope ranging from the midstream of cells and modules to downstream solar solutions for residential, commercial, and industrial buildings, as well as for large solar power plants,










—


for enercity: utility service provider distributing electricity, natural gas, district heating, wood energy and drinking water. In addition, it offers energy related services and operates power plants and power-to-heat plants for district heating, as well as bio-gas plants. Enercity is ultimately controlled by VVG, a holding company held by the City of Hanover and the Region Hanover. VVG is active in public transport, infrastructure (light rail) and utility services,










—


for LynqTech: development, implementation, operation, marketing and licensing of IT-based sales solutions for companies (contract initiation to accounting), in particular in the energy sector.






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.10863 – HANWHA Q CELLS / ENERCITY / LYNQTECH
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.