Prior notification of a concentration (Case M.10937 – EDF DEUTSCHLAND / HAZWEI / HYPION MOTION NEUMÜNSTER JV) Candidate case for simplified procedure (Text with EEA relevance) 2022/C 471/10
Date: 2022-12-12
Institutions: Directorate-General for Competition, European Commission
Subjects: Germany, Schleswig-Holstein, economic concentration, electrical energy, energy industry, gas supply, hydrogen, hydrogen production, merger control, parent company, provision of services








C_2022471EN.01001501.xml










12.12.2022   


EN


Official Journal of the European Union


C 471/15






Prior notification of a concentration
(Case M.10937 – EDF DEUTSCHLAND / HAZWEI / HYPION MOTION NEUMÜNSTER JV)
Candidate case for simplified procedure
(Text with EEA relevance)
(2022/C 471/10)

1.   
On 2 December 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 Deutschland GmbH (‘EDF Deutschland’, Germany), a part of the EDF Group (‘EDF’, France),










—


HAzwei 3. Beteiligungsgesellschaft mbH (‘HAzwei’, Germany), a part of the E.ON Group (‘E.ON’, Germany),










—


Hypion Motion Neumünster GmbH & Co. KG, a newly created company (‘Target JV’, Germany).




EDF Deutschland and HAzwei will acquire within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control of Target JV.
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 the following:






—


HAzwei holds equity interests for its parent HAzwei GmbH, the latter being active in the development of projects concerning the production and distribution of hydrogen. E.ON’s activities are generally focused on two main business areas: (i) energy networks and (ii) customer solutions (including electricity and gas retail supply,










—


EDF is mainly active in France and abroad in the electricity markets, and, in particular, in electricity production and wholesale supply, trading, transmission, distribution and retail supply. To a lesser extent, the EDF Group is also active in the wholesale supply of gas and in the provision of energy services.






3.   

The business activities of the Target JV will be the purchase of hydrogen and its selling via a hydrogen refuelling station located in Neumünster, Northern Germany.



4.   
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.


5.   
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.10937 – EDF DEUTSCHLAND / HAZWEI / HYPION MOTION NEUMÜNSTER 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.