CELEX: 32020M9870
Language: en
Date: 2020-08-17 00:00:00
Title: Commission Decision of 17/08/2020 declaring a concentration to be compatible with the common market (Case No COMP/M.9870 - TOTAL DIRECT ENERGIE / KERNAMAN) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

EUROPEAN COMMISSION
                                                                Brussels, 17.08.2020
                                                                C(2020) 5756 final
                                                                                 PUBLIC VERSION
                                                                To the notifying party
Subject:        Case M.9870 – TOTAL DIRECT ENERGIE / KERNAMAN
                Commission decision pursuant to Article 6(1)(b) of Council Regulation
                                       1
                (EC) No 139/2004 and Article 57 of the Agreement on the European
                                    2
                Economic Area
Dear Sir or Madam,
1.      On 24 July 2020, the European Commission received notification of a proposed
        concentration pursuant to Article 4 of the Merger Regulation by which the
        undertaking Total Direct Energie S.A. (“Total Direct Energie”, France), a 100%
        subsidiary of TOTAL S.A. (“TOTAL”, France) acquires within the meaning of Article
        3(1)(b) of the Merger Regulation control over the whole of the undertaking Kernaman
        SAS (“Kernaman”, France) by way of purchase of shares.3
2.      The business activities of the undertakings concerned are:
             for TOTAL: TOTAL is active in all sectors of the oil and gas industry, as well as
              in the renewable energy, power generation sectors and carbon neutrality
              businesses,
             for Kernaman: Kernaman is active in the electricity sector and holds the following
              assets: (i) Emile Huchet 7 and Emile Huchet 8, two combined cycle gas turbine
              units, and (ii) an optimisation and dispatching center known as Le Centre
              d’Optimisation, de Dispatching et d’Ajustement de la Production and related
              assets and liabilities.
3.      After examination of the notification, the European Commission has concluded that
        the notified operation falls within the scope of the Merger Regulation and of
1       OJ L 24, 29.1.2004, p. 1 (the ‘Merger Regulation’). With effect from 1 December 2009, the Treaty on
        the Functioning of the European Union (‘TFEU’) has introduced certain changes, such as the
        replacement of ‘Community’ by ‘Union’ and ‘common market’ by ‘internal market’. The terminology
        of the TFEU will be used throughout this decision.
2       OJ L 1, 3.1.1994, p. 3 (the ‘EEA Agreement’).
3       Publication in the Official Journal of the European Union No C 257, 05.8.2020, p. 4.
Commission européenne, DG COMP MERGER REGISTRY, 1049 Bruxelles, BELGIQUE
Europese Commissie, DG COMP MERGER REGISTRY, 1049 Brussel, BELGIË
Tel: +32 229-91111. Fax: +32 229-64301. E-mail: COMP-MERGER-REGISTRY@ec.europa.eu.
 ---pagebreak---    paragraph 5(c) of the Commission Notice on a simplified procedure for treatment of
   certain concentrations under Council Regulation (EC) No 139/2004.4
4. For the reasons set out in the Notice on a simplified procedure, the European
   Commission has decided not to oppose the notified operation and to declare it
   compatible with the internal market and with the EEA Agreement. This decision is
   adopted in application of Article 6(1)(b) of the Merger Regulation and Article 57 of
   the EEA Agreement.
                                                  For the Commission
                                                  (Signed)
                                                  Olivier GUERSENT
                                                  Director-General
4  OJ C 366, 14.12.2013, p. 5.
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