CELEX: 32019M9305
Language: en
Date: 2019-04-17 00:00:00
Title: Commission Decision of 17/04/2019 declaring a concentration to be compatible with the common market (Case No COMP/M.9305 - Sev.en Energy AG / China Huaneng Group Co., Ltd. / InterGen N.V.) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

EUROPEAN COMMISSION
                                                                Brussels, 17.4.2019
                                                                C(2019) 3165 final
                                                                          PUBLIC VERSION
                                                                To the notifying parties
Subject:        Case M.9305 - SEVEN ENERGY / HUANENG-YUDEAN / INTERGEN
                Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC)
                                1                                                                             2
                No 139/2004 and Article 57 of the Agreement on the European Economic Area
Dear Sir or Madam,
1.      On 26 March 2019, the European Commission received notification of a proposed
        concentration pursuant to Article 4 of the Merger Regulation by which Sev.en Energy AG
        (“Sev.en Energy”, Liechtenstein) acquires within the meaning of Article 3(1)(b) and of
        Article 3(4) of the Merger Regulation joint control of the whole of InterGen N.V.
        (“InterGen”, Netherlands) by way of purchase of shares. InterGen is currently jointly
        controlled by Ontario Teacher’s Pension Plan Board (“OTTP”) and China Huaneng Group
        Co. (“Huaneng”, China), each indirectly holding 50% of the share capital of InterGen.
        Post-transaction, Sev.en Energy and Huaneng will each indirectly hold 50% of the share
        capital of InterGen.3
2.      The business activities of the undertakings concerned are:
        –          for Sev.en Energy: lignite supply, generation and wholesale supply of electricity,
                   provision of district heat, supply of coal combustion products and their
                   corresponding natural materials, and trading with CO2 emission allowances.
        –          for InterGen: generation and wholesale supply of electricity, electricity trading
                   and carbon emissions trading.
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 123, 2.4.2019, p. 27.
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---    –         for Huaneng: development, investment, construction, operation and management
             of power generation assets and production and sale of electricity and heat, among
             other activities.
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 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)
                                                    Johannes LAITENBERGER
                                                    Director-General
4  OJ C 366, 14.12.2013, p. 5.
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