CELEX: 32019M9308
Language: en
Date: 2019-04-15 00:00:00
Title: Commission Decision of 15/04/2019 declaring a concentration to be compatible with the common market (Case No COMP/M.9308 - Ansaldo Energia S.p.A / JSC REP Holding / REPH Ansaldo Gas Turbine LLC) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

EUROPEAN COMMISSION
                                                                Brussels, 15.4.2019
                                                                C(2019) 3045 final
                                                                          PUBLIC VERSION
                                                                To the notifying parties
Subject:        Case M.9308 - ANSALDO / REPH / JV
                Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC)
                                1                                                                             2
                No 139/2004 and Article 57 of the Agreement on the European Economic Area
Dear Sir or Madam,
1.      On 22 March 2019, the European Commission received notification of a proposed
        concentration pursuant to Article 4 of the Merger Regulation by which the companies
        Ansaldo Energia S.p.A. (“Ansaldo”, Italy) and group companies, controlled by Shanghai
        Electric (“SEC”, China) and Cassa Deposseti e Prestiti (“CDP”, Italy), and JSC REP
        Holding (“REPH”, the Russian Federation) and group companies, belonging to the group
        Gazprombank (“REPH Group”, the Russian Federation), acquire within the meaning of
        Article 3(1)(b) and 3(4) of the Merger Regulation joint control of REPH Ansaldo Gas
        Turbine LLC (“REPH Ansaldo Gas Turbine JV”, the Russian Federation) by way of
        purchase of shares in a newly created company constituting a joint venture.3
2.      The business activities of the undertakings concerned are:
        –          Ansaldo is active internationally in the sector for power generation systems and
                   components which supplies turbines, generators, turnkey power plants as well as
                   engineering services for nuclear power plants,
        –          REPH designs, manufactures and supplies power and electrical equipment for oil
                   & gas, metallurgical and chemical industries, power generation and distribution
                   facilities,
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 117, 29.3.2019, 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---    –         The REPH Ansaldo Gas Turbine JV will be active in the manufacturing,
             localisation and marketing of gas and steam turbines and the design, marketing
             and operation of turnkey power plants, among other activities; it will be primarily
             active in the Russian Federation and the Commonwealth Independent States.
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)
                                                    Johannes LAITENBERGER
                                                    Director-General
4  OJ C 366, 14.12.2013, p. 5.
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