CELEX: 32016M8119
Language: en
Date: 2016-09-12 00:00:00
Title: Commission Decision of 12/09/2016 declaring a concentration to be compatible with the common market (Case No COMP/M.8119 - DIF / ELECTRICITE DE FRANCE / THYSSENGAS) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

|[pic]                             |EUROPEAN COMMISSION                                                                                      |

                                        Brussels, 12.9.2016
                                        C(2016) 5897 final

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                                        To the notifying parties

Dear Sirs,

Subject:    Case M.8119 - DIF / ELECTRICITE DE FRANCE / THYSSENGAS
         Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC) No 139/2004[1] and Article 57 of the Agreement on the
         European Economic Area[2]

 1. On 11 August 2016, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger  Regulation
    by which DIF Infrastructure IV Cooperatief U.A. (‘DIF’, the Netherlands) and Électricité de France SA (‘EDF’,  France)  acquire  within  the
    meaning of Article 3(1)(b) of the Merger Regulation joint control  of  Thyssengas-group  (‘Thyssengas’,  Germany)  by  way  of  purchase  of
    shares.[3]

 2. The business activities of the undertakings concerned are:

  – EDF is an integrated energy company which is active in the generation and wholesale of electricity and  in  the  transmission,  distribution
    and retail supply of electricity, as well as in the provision of other electricity-related services, in France and other countries.  EDF  is
    also active, to a lesser extent, in the natural gas retail and wholesale markets,

  – DIF is an investment fund entity and an infrastructure fund management company which invests  in  infrastructure  assets,  including  Public
    Private Partnership projects, renewable energy projects and other core infrastructure projects in Europe, North America and Australia,

  – Thyssengas is a gas transmission system operator in North-West Germany.

 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 (b) 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
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[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 340, 20.08.2016, p. 45.
[4]   OJ C 366, 14.12.2013, p. 5.

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                                                                  PUBLIC VERSION

                                                           SIMPLIFIED MERGER PROCEDURE