CELEX: 32018M8926
Language: en
Date: 2018-07-02 00:00:00
Title: Commission Decision of 02/07/2018 declaring a concentration to be compatible with the common market (Case No COMP/M.8926 - TOTAL / DIRECT ENERGIE) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

EUROPEAN COMMISSION
                                                                Brussels, 2.7.2018
                                                                C(2018) 4323 final
                                                                       PUBLIC VERSION
                                                                To the notifying party
Subject:        Case M.8926 - TOTAL / DIRECT ENERGIE
                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 7 June 2018, the European Commission received notification of a proposed
        concentration pursuant to Article 4 of the Merger Regulation by which Total S.A. ("Total",
        France), acquires within the meaning of Article 3(1)(b) of the Merger Regulation sole
        control of the whole of Direct Energie S.A. ("Direct Energie", France) by way of purchase
        of shares.3
2.      The business activities of the undertakings concerned are:
        −     Total: international integrated energy producer and provider, active in all segments of
              the oil and gas industry, as well as in the renewable energy and power generation
              sectors,
        −     Direct Energie: electric utility company operating in France and Belgium and mainly
              active in the production, trading and supply of electricity as well as the trading and
              supply of gas.
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
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 208, 15.6.2018, p. 12.
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 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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