Prior notification of a concentration (Case M. 11046 – IBV / ACEN / ACRI / SINGAPORE JV / TAIWAN JV / PHILIPPINES JV) Candidate case for simplified procedure (Text with EEA relevance) 2023/C 175/12
Date: 2023-05-17
Institutions: Directorate-General for Competition, European Commission
Subjects: economic concentration, electrical energy, energy production, merger control, power plant, renewable energy, solar collector








C_2023175EN.01002101.xml










17.5.2023   


EN


Official Journal of the European Union


C 175/21






Prior notification of a concentration
(Case M. 11046 – IBV / ACEN / ACRI / SINGAPORE JV / TAIWAN JV / PHILIPPINES JV)
Candidate case for simplified procedure
(Text with EEA relevance)
(2023/C 175/12)

1.   
On 10 May 2023, 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:






—


IB vogt (Singapore) Pte. Ltd., a wholly-owned subsidiary of IB vogt GmbH, (‘IBV’, Germany),










—


ACEN CORPORATION (‘ACEN’) and ACEN Renewables International Pte. Ltd., (‘ACRI’), both ultimately controlled by the Ayala Group (the Philippines).




IBV and ACEN/ACRI will acquire within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control of JVs in Singapore, Taiwan and the Philippines.
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:






—


IBV provides turnkey PV plants, including design and engineering services, to end investors internationally.










—


ACEN and ACRI form part of the Ayala Group, a large and diversified conglomerate, active amongt others in renewable power generation.






3.   

The JVs in Singapore, Taiwan and the Philippines are being set up as investment platforms to develop, construct, own and operate solar renewable energy projects in the Asia Pacific region.



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.11046 – IBV / ACEN / ACRI / SINGAPORE JV / TAIWAN JV / PHILIPPINES JV
Observations can be sent to the Commission by email or by post. Please use the contact details below:
Email: COMP-MERGER-REGISTRY@ec.europa.eu
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.