CELEX: 32017M8727
Language: en
Date: 2017-12-05 00:00:00
Title: Commission Decision of 05/12/2017 declaring a concentration to be compatible with the common market (Case No COMP/M.8727 - CGE / EDPR / TRUSTWIND / DGE / REPSOL / WINDPLUS) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

EUROPEAN COMMISSION
                                                              Brussels,5.12.2017
                                                              C(2017) 8388 final
                                                                  PUBLIC VERSION
                                                              To the notifying parties
Subject:        Case M.8727 – CGE / EDPR / TRUSTWIND / DGE / REPSOL / WINDPLUS
                Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC)
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                No 139/2004 and Article 57 of the Agreement on the European Economic Area
Dear Sir or Madam,
1.      On 13 November 2017, the European Commission received notification of a proposed
        concentration pursuant to Article 4 of the Merger Regulation by which the following
        undertakings:
        Chiyoda Generating Europe Limited ("CGE", the United Kingdom), belonging to the
           Chiyoda Corporation (Japan),
        EDP Renewables, SGPS, S.A. ("EDPR", Portugal), belonging to Energias de Portugal
           ("EDP", Portugal),
        Trustwind B.V. (the Netherlands), controlled by Engie S.A. ("Engie", France) and
           Marubeni Corporation ("Marubeni", Japan),
        Diamond Generating Europe Limited ("DGE", the United Kingdom), belonging to
           Mitsubishi Corporation (Japan),
        Repsol Nuevas Energias S.A. (Spain), belonging to Repsol S.A. (Spain)
        acquire within the meaning of Article 3(1)(b) and Article 3(4) of the Merger Regulation
        joint control over the whole of the undertaking Windplus S.A. (Portugal) by way of
        shareholders' agreement.3
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--- 2. The business activities of the undertakings concerned are:
       CGE functions as the power generation business in Europe for Chiyoda Corporation, a
        Japanese engineering company;
       EDPR is active in the generation of renewable energy and is ultimately controlled by
        EDP, a utility company active in the generation, distribution and supply of electricity
        in Portugal and Spain;
       Trustwind B.V. manages the wind power assets of TrustEnergy B.V. which is a joint
        venture between Engie, a global energy player, and Marubeni, an integrated trading
        and investment business conglomerate;
       DGE functions as the power generation business in i.a. the EEA for the Mitsubishi
        Corporation, a global integrated business enterprise;
       Repsol Nuevas Energias S.A. develops a business related to renewable energy and
        belongs to Repsol S.A., an integrated energy company in the oil and gas industry;
       Windplus S.A. will develop an offshore wind project and be active in the generation
        and wholesale supply of electricity in Portugal.
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
3  Publication in the Official Journal of the European Union No C 391, 18.11.2017, p. 7.
4  OJ C 366, 14.12.2013, p. 5.
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