CELEX: 32021M10536
Language: en
Date: 2021-12-14 00:00:00
Title: Commission Decision of 14/12/2021 declaring a concentration to be compatible with the common market (Case No COMP/M.10536 - TOTALENERGIES / THREE GORGES CORPORATION / JV) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

EUROPEAN COMMISSION
                                                              Brussels, 14.12.2021
                                                              C(2021) 9636 final
                                                                               PUBLIC VERSION
                                                              TotalEnergies SE
                                                              2 place Jean Millier,
                                                              92400 Courbevoie,
                                                              France
                                                              Three Gorges Electric Energy Co. Ltd.
                                                              Xiba Jianshe Road, Xiling District
                                                              Yichang City, Hubei Province
                                                              China
                                                              Three Gorges Capital
                                                              15/F Poly Metropolitan Office
                                                              Building Tl, Courtyard 4, Guanyin’an
                                                              North Street, Tongzhou, Beijing
                                                              China
Subject:        Case M.10536 – TOTALENERGIES / THREE GORGES
                CORPORATION / JV
                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 19 November 2021, the European Commission received notification of a proposed
        concentration pursuant to Article 4 of the Merger Regulation by which TotalEnergies,
        through Total (China) Investment Co., Ltd (“Total Energies”, France) and Three
        Gorges Corporation (“3G”, China), through Three Gorges Capital Holdings Co. Ltd.
        and Three Gorges Electric Energy Co. Ltd. acquire within the meaning of
        Article 3(1)(b) and 3(4) of the Merger Regulation joint control of a newly created joint
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’).
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---    venture company (“JV”). The concentration is accomplished by way of purchase of
   shares.3
2. The business activities of the undertakings concerned are:
   −    for TotalEnergies: a publicly traded broad energy company headquartered in
        Paris. Total China, a wholly owned subsidiary of TotalEnergies, operates business
        in various sectors in China, including the petroleum and natural gas exploration
        and production, renewable energies (e.g. solar energy), refining and chemicals
        etc.,
   −    for 3G: a Chinese solely state-owned enterprise (“SOE”), headquartered in
        Wuhan, China. It is primarily active in the development, construction and
        operation of hydropower projects and other renewable energy projects, such as
        wind power, solar energy and utilization of water resources. 3G is ultimately held
        and supervised by The State-owned Assets Supervision and Administration
        Commission of the State Council of China,
   −    for JV: based in Wuhan, Hubei Province, China, it will invest in, build and
        operate a small charging network for electric vehicles and engage in third party
        charging platform services. It will be active in Wuhan and Yichang and
        potentially other provinces in China in the future.
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(a) 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
3  Publication in the Official Journal of the European Union No C 480/9, 29.11.2021, p.9.
4  OJ C 366, 14.12.2013, p. 5.
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