CELEX: 32022M10566
Language: en
Date: 2022-03-04 00:00:00
Title: Commission Decision of 04/03/2022 declaring a concentration to be compatible with the common market (Case No COMP/M.10566 - P66 / H2 EE / JV) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

EUROPEAN COMMISSION
                                                                 Brussels, 4.3.2022
                                                                 C(2022) 1456 final
                                                                                 PUBLIC VERSION
                                                                 Phillips 66
                                                                 2331 City West Blvd
                                                                 Houston, TX 77042
                                                                 United States of America
                                                                 H2 Energy Europe AG
                                                                 Hohlstrasse 186/188
                                                                 8004 Zürich
                                                                 Switzerland
Subject:        Case M.10566 – P66 / H2 EE / JV
                Commission decision pursuant to Article 6(1)(b) of Council Regulation
                (EC) No 139/20041 and Article 57 of the Agreement on the European
                                    2
                Economic Area
Dear Sir or Madam,
1.      On 10 February 2022, the European Commission received notification of a proposed
        concentration pursuant to Article 4 of the Merger Regulation by which the
        undertakings Phillips 66 Company (“P66”, United States), and H2 Energy Europe AG
        (“H2 EE”, Switzerland), acquire within the meaning of Article 3(1)(b) and 3(4) of the
        Merger Regulation joint control over the whole of the undertaking NewCo (Austria)
        by way of purchase of shares.3
2.      The business activities of the concerned undertakings are:
             P66 is an energy company, which amongst others runs fuel stations,
             H2 EE is active in hydrogen technology and the development of ecosystems for
              renewable hydrogen,
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 83, 21.2.2022, p. 2.
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---        NewCo and its subsidiaries will be active in the development and operation of
        hydrogen refueling stations in Austria, Denmark and 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(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)
                                                   Olivier GUERSENT
                                                   Director-General
4  OJ C 366, 14.12.2013, p. 5.
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