Prior notification of a concentration (Case M.11587 – MASDAR / EDFR / NESMA / JV) – Candidate case for simplified procedure
Date: 2024-10-02
Institutions: Directorate-General for Competition, European Commission
Subjects: Saudi Arabia, economic concentration, electrical energy, electricity supply, energy production, energy transport, joint venture, merger control, renewable energy, wholesale trade








C_202405986EN.000101.fmx.xml












Official Journal of the European Union


EN
C series













C/2024/5986


2.10.2024






Prior notification of a concentration
(Case M.11587 – MASDAR / EDFR / NESMA / JV)
Candidate case for simplified procedure
(Text with EEA relevance)
(C/2024/5986)


1.   
On 25 September 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:






—


Abu Dhabi Future Energy Company PJSC (‘Masdar’, United Arab Emirates),










—


Electricité de France S.A. (‘EDF’, France),










—


Nesma Company Limited (‘Nesma’, Saudi Arabia).




Masdar, EDF, and Nesma will acquire within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control of a joint venture, Sana Taibah for Renewable Energy Company LLC (‘JV’, Saudi Arabia).
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:






—


Masdar is a renewable energy and sustainability company that develops solutions in energy, water, urban development, and clean technologies in the United Arab Emirates and around the world,










—


EDF is mainly active in the production and wholesale, trading, and supply of electricity, as well as in the provision of other electricity- and energy-related services,










—


Nesma has a business portfolio across multiple sectors, notably engineering, construction, electro-mechanical, infrastructure, oil and gas, and hospitality, mainly in Saudi Arabia, the United Arab Emirates, and Egypt.






3.   

The business activities of the JV will be the generation, transmission, and distribution of electricity in Saudi Arabia.



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.11587 – MASDAR / EDFR / NESMA / 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/2024/5986/oj
ISSN 1977-091X (electronic edition)