Prior notification of a concentration (Case M.11470 – BASF / HARBOUR ENERGY / ASSETS OF WINTERSHALL DEA) – Candidate case for simplified procedure
Date: 2024-05-08
Institutions: Directorate-General for Competition, European Commission
Subjects: carbon capture and storage, chemical industry, company with share capital, economic concentration, gas industry, merger control, oil industry








C_202403195EN.000101.fmx.xml












Official Journal of the European Union


EN
C series













C/2024/3195


8.5.2024






Prior notification of a concentration
(Case M.11470 – BASF / HARBOUR ENERGY / ASSETS OF WINTERSHALL DEA)
Candidate case for simplified procedure
(Text with EEA relevance)
(C/2024/3195)


1.   
On 2 May 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:






—


BASF SE (‘BASF’, Germany),










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Harbour Energy Plc (‘Harbour’, UK),










—


Wintershall NewCo GmbH (‘Wintershall NewCo’, Germany), holding Wintershall DEA AG’s (‘Wintershall DEA’, Germany) non-Russia related business.




BASF will acquire within the meaning of Article 3(1)(b) of the Merger Regulation sole control of Harbour and, indirectly, over the non-Russia related assets of Wintershall DEA which are to be held by newly incorporated Wintershall NewCo.
The concentration is accomplished by way of purchase of shares.


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






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BASF is a publicly traded European stock corporation headquartered in Ludwigshafen am Rhein, Germany and listed on the German Stock Exchange in Frankfurt. BASF creates chemistry for a sustainable future in the areas of chemicals, materials, industrial solutions, surface technologies, nutrition & care, and agricultural solutions,










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Harbour is a London-listed independent oil and gas company with a primary focus on the UK, as well as interests in Indonesia, Vietnam, Mexico and Norway,










—


Wintershall NewCo comprises Wintershall DEA’s exploration and production business consisting of its producing and development assets as well as exploration rights in Norway, Argentina, Germany, Mexico, Algeria, Libya (excluding Wintershall AG), Egypt and Denmark (excluding Ravn) as well as Wintershall DEA’s carbon capture and storage (CCS) licenses to Harbour.






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.11470 – BASF / HARBOUR ENERGY / ASSETS OF WINTERSHALL DEA
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/2024/3195/oj
ISSN 1977-091X (electronic edition)