CELEX: 32020M9733
Language: en
Date: 2020-03-06 00:00:00
Title: Commission Decision of 06/03/2020 declaring a concentration to be compatible with the common market (Case No COMP/M.9733 - ENGIE / MIROVA / PREDICA / JV ) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

EUROPEAN COMMISSION
                                                                Brussels, 6.3.2020
                                                                C(2020) 1555 final
                                                                                 PUBLIC VERSION
                                                                To the notifying parties
Subject:        Case M.9733 – ENGIE / MIROVA / PREDICA / 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 6 February 2020, the European Commission received notification of a proposed
        concentration pursuant to Article 4 of the Merger Regulation by which ENGIE S.A.
        ("ENGIE", France), Mirova S.A. ("Mirova", France), controlled by BPCE Group
        (France), and Predica Prévoyance Dialogue du Crédit Agricole S.A. ("Predica",
        France), belonging to the group Crédit Agricole S.A., acquire within the meaning of
        Article 3(1)(b) of the Merger Regulation joint control of a portfolio of hydroelectric
        assets (the “Target”), currently owned by EDP - Gestão da Produção de Energia,
        which in turn is owned by Energias de Portugal S.A. ("EDP", Portugal), by way of
        purchase of shares.3
2.      The business activities of the undertakings concerned are:
             for ENGIE: ENGIE is an industrial company active in the fields of gas and
              electricity supply, as well as in energy services,
             for Mirova: Mirova is a French asset management company,
             for Predica: Predica is a French life and health insurance company, belonging to
              the French Crédit Agricole Group,
             for the Target: the Target consists of a portfolio of six hydroelectric power plants
              located in North Portugal and currently owned by EDP’s fully owned subsidiary
              EDP - Gestão da Produção de Energia.
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 48, 12.2.2020, p. 24.
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(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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