CELEX: 32019M9372
Language: en
Date: 2019-06-04 00:00:00
Title: Commission Decision of 04/06/2019 declaring a concentration to be compatible with the common market (Case No COMP/M.9372 - Energetický a průmyslový holding, a.s. / AES Ballylumford Limited) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

EUROPEAN COMMISSION
                                                                Brussels,4.6.2019
                                                                C(2019) 4269 final
                                                                                 PUBLIC VERSION
                                                                To the notifying party
Subject:        Case M.9372 – EPH / AES BALLYLUMFORD / AES KILROOT POWER
                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 7 May 2019, the European Commission received notification of a proposed
        concentration pursuant to Article 4 of the Merger Regulation by which the
        undertaking EP UK Investments Limited (“EPUK”, the UK), controlled by
        Energetický a průmyslový holding, a.s. (“EPH”, the Czech Republic) acquires within
        the meaning of Article 3(1)(b) of the Merger Regulation sole control over the whole of
        the undertaking AES Ballylumford Limited (“AES Ballylumford”, Northern Ireland)
        and AES Kilroot Power Limited (“AES Kilroot Power”, Northern Ireland), controlled
        by the AES Corporation (“AES”) by way of purchase of shares.3
2.      The business activities of the undertakings concerned are:
             EPUK is a UK energy company, primarily focusing on power generation from
              conventional and renewable sources in Great Britain; EPH is a utility company
              engaged in coal extraction, electricity and heat production, distribution and supply
              as well as gas supply in various EU Member States;
             AES Ballylumford operates the Ballylumford gas fired power station in Northern
              Ireland; AES Kilroot Power operates the Kilroot thermal dual coal/oil fired power
              station with a battery storage facility, also in Northern Ireland; AES is a holding
              company which operates thermal and renewable electricity generation businesses
              and electricity distribution businesses, across the United States, South America,
              Mexico, Central America and the Caribbean, Europe and Asia.
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 166, 15.5.2019, p. 8.
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--- 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
4  OJ C 366, 14.12.2013, p. 5.
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