Prior notification of a concentration (Case M.11336 – VERBUND / BURGENLAND ENERGIE / JV) – Candidate case for simplified procedure
Date: 2023-12-18
Institutions: Directorate-General for Competition, European Commission
Subjects: Austria, Burgenland, economic concentration, electrical energy, electricity supply, energy supply, hydrogen production, joint venture, merger control








C_202301579EN.000101.fmx.xml












Official Journal of the European Union


EN
Series C













C/2023/1579


18.12.2023






Prior notification of a concentration
(Case M.11336 – VERBUND / BURGENLAND ENERGIE / JV)
Candidate case for simplified procedure
(Text with EEA relevance)
(C/2023/1579)


1.   
On 7 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:






—


VERBUND AG (‘VERBUND’, Austria),










—


Burgenland Energie AG (‘Burgenland Energie’, Austria),










—


a newly created joint venture (the ‘JV’, Austria).




VERBUND and Burgenland Energie will acquire within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control of the newly created 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:






—


VERBUND is an Austrian energy provider whose core business is electricity generation, electricity transmission, electricity trading and the supply of electricity to end-customers,










—


Burgenland Energie is an Austrian regional energy provider active in electricity and heat generation, sales and distribution of electricity, natural gas and heat as well as the provision of energy-related services in the Austrian province of Burgenland.






3.   
The business activities of the JV will be the following:






—


the JV will produce hydrogen.






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 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.


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.11336 – VERBUND / BURGENLAND ENERGIE / 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 160, 5.5.2023, p. 1.


ELI: http://data.europa.eu/eli/C/2023/1579/oj
ISSN 1977-091X (electronic edition)