CELEX: 32018M8758
Language: en
Date: 2018-01-29 00:00:00
Title: Commission Decision of 29/01/2018 declaring a concentration to be compatible with the common market (Case No COMP/M.8758 - BAYWA / CLEAN ENERGY TRADING) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

EUROPEAN COMMISSION
                     
                  
               
               Brussels, 29.1.2018
            
            
               C(2018) 591 final
            
            
               
                  PUBLIC VERSION
               
            
            
               To the notifying party
            
            
               Subject:Case M.8758 - BAYWA / CLEAN ENERGY TRADING
                  Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC) No 139/2004
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                and Article 57 of the Agreement on the European Economic Area
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               Dear Sir or Madam,
            
            
               1.On 22 December 2017, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by which BayWa r.e. renewable Energy GmbH (‘BayWa’, Germany), acquires, within the meaning of Article 3(1)(b) of the Merger Regulation, control of Clean Energy Trading GmbH (‘CET’, Germany). The concentration is accomplished by way of a purchase of shares.
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               2.The business activities of the undertakings concerned are:
            
            
               -BayWa is active in the fields of solar energy, wind energy, bioenergy and geothermal energy,
            
            
               -CET is active in the fields of direct marketing of electricity from renewable energy plants and the supply of electricity to end customers.
            
            
               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.
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               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
               
            
               
         
         
            
                  
                     (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 4, 6.1.2018, p. 13.
               
               
                  
                     (4)
                  
                  
                      
                           OJ C 366, 14.12.2013, p. 5.