CELEX: 32013M7068
Language: en
Date: 2013-12-20 00:00:00
Title: Commission Decision of 20/12/2013 declaring a concentration to be compatible with the common market (Case No COMP/M.7068 - GOLDMAN SACHS / KINGDOM OF DENMARK / DONG ENERGY) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

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                                        Brussels, 20.12.2013
                                        C(2013) 9858 final

                                        To the notifying parties

Dear Madam(s) and/or Sir(s),

Subject:    Case No COMP/M.7068 – GOLDMAN SACHS/ KINGDOM OF DENMARK / DONG ENERGY
         Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC) No 139/2004[1]

 1. On 26.11.2013, the European Commission received notification of a proposed concentration pursuant to Article 4 of the  Merger  Regulation  by
    which the Kingdom of Denmark (Denmark) and the Goldman Sachs Group, Inc. (“Goldman Sachs”, USA) acquire within the meaning of Article 3(1)(b)
    of the Merger Regulation joint control over DONG Energy A/S (“DONG”, Denmark) by way of a purchase of shares.  The  Kingdom  of  Denmark  has
    currently sole control over DONG.

 2. The business activities of the undertakings concerned are:

      -     for Kingdom of Denmark: active inter alia in energy markets via DONG;

      -     for Goldman Sachs: active globally in investment banking,  institutional  client  services,  investing  and  lending  and  investment
           management;

      -     for DONG: active in Northern Europe in  the  following  markets:  oil  and  natural  gas  exploration  and  production;  development,
           construction and operation of offshore wind farms; electricity and heat generation from power plants;  natural  gas  and  electricity
           trading; and the sale and distribution of electricity and natural gas[2].

 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[3].

 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.

                                        For the Commission

                                        (Signed)
                                        Alexander ITALIANER
                                        Director General

                                        -----------------------
[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]   Publication in the Official Journal of the European Union No C 351, 30.11.2013, p.39.

[3]   OJ C 56, 5.3.2005, p. 32.

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                                                                  PUBLIC VERSION

                                                           SIMPLIFIED MERGER PROCEDURE