Prior notification of a concentration (Case M.11475 – MITSUI / OSAKA GAS / RWE KK / JV) – Candidate case for simplified procedure
Date: 2024-02-26
Institutions: Directorate-General for Competition, European Commission
Subjects: Japan, business management, economic concentration, energy industry, hydrocarbon, international trade, joint venture, merger control, offshore wind energy production, property leasing








C_202401747EN.000101.fmx.xml












Official Journal of the European Union


EN
Series C













C/2024/1747


26.2.2024






Prior notification of a concentration
(Case M.11475 – MITSUI / OSAKA GAS / RWE KK / JV)
Candidate case for simplified procedure
(Text with EEA relevance)
(C/2024/1747)


1.   
On 16 February 2024, 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:






—


Mitsui & Co., Ltd. (‘Mitsui’, Japan),










—


Osaka Gas Co., Ltd (‘Osaka Gas’, Japan), controlled by the Daigas Group (Japan),










—


RWE Offshore Wind Japan Murakami-Tainai K.K. (‘RWE KK’, Japan), controlled by the RWE Group (Germany).




Mitsui, Osaka Gas, and RWE KK will acquire within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control of a new joint venture (‘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:






—


Mitsui is a worldwide trading, business management, and project development company active in many economic activities (including iron and steel products, mineral and metal resources, infrastructure, mobility, chemicals, energy, food resources, consumer services, information technology, communication, and corporate development).










—


Osaka Gas is an energy company dedicated to (i) the production, distribution, transportation, and supply of oil and natural gas, energy, liquefied natural gas, as well as (ii) solutions including the development and leasing of real estate properties, information-processing services, sale of fine materials and carbon material products.










—


RWE KK is a special purpose vehicle company established by the RWE Group, a group of companies mostly active in the generation and trading of energy, to participate in future auctions in Japan.






3.   

The business activities of the JV will be the development, construction, and operation of an offshore windfarm in Japan.



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.11475 – MITSUI / OSAKA GAS / RWE KK / 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/2024/1747/oj
ISSN 1977-091X (electronic edition)