Prior notification of a concentration (Case M.11363 – DIF / EDF / FJORD1) – Candidate case for simplified procedure
Date: 2023-12-18
Institutions: Directorate-General for Competition, European Commission
Subjects: economic concentration, electrical energy, electricity supply, energy industry, energy production, ferryboat, gas industry, investment company, merger control, provision of services, wholesale trade








C_202301576EN.000101.fmx.xml












Official Journal of the European Union


EN
Series C













C/2023/1576


18.12.2023






Prior notification of a concentration
(Case M.11363 – DIF / EDF / FJORD1)
Candidate case for simplified procedure
(Text with EEA relevance)
(C/2023/1576)


1.   
On 11 December 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:






—


DIF Management B.V. (‘DIF’, the Netherlands), controlled by DIF Management Holding B.V.,










—


Electricité de France S.A (‘EDF’, France), controlled by the French State,










—


Fjord1 AS (‘Fjord1’, Norway), controlled by Fjord Holdco AS.




DIF and EDF will acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of Fjord1 and its subsidiaries, with the exception of its tourism business and Fjord1’s stake in WF Holding AS, which are to be carved-out before closing.
The concentration is accomplished by way of purchase of shares.


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






—


DIF is an independent infrastructure equity fund manager which focuses on investments in energy (transition), renewable energy generation and other economic infrastructure in the core, telecom, transportation and social infrastructure sectors in Europe, the Americas and Australasia,










—


EDF is a global, integrated energy company, mainly active in the production, wholesale, trading and supply of electricity, as well as in the provision of other electricity-related services, energy services and, to a lesser extent, in the gas sector,










—


Fjord1 is a Norwegian ferry company, whose core business is the provision of ferry and passenger boat services.






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 treatment for certain concentrations under Council Regulation (EC) No 139/2004 on the control of concentrations between undertakings (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.11363 – DIF / EDF / FJORD1
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 160, 5.5.2023, p. 1.


ELI: http://data.europa.eu/eli/C/2023/1576/oj
ISSN 1977-091X (electronic edition)