CELEX: 32019M9441
Language: en
Date: 2019-08-12 00:00:00
Title: Commission Decision of 12/08/2019 declaring a concentration to be compatible with the common market (Case No COMP/M.9441 - EDF Pulse Croissance Holding / Energy2market GmbH) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

EUROPEAN COMMISSION
                                                                Brussels, 12.08.2019
                                                                C(2019) 6094 final
                                                                                 PUBLIC VERSION
                                                                To the notifying party
Subject:        Case M.9441 – EDF / ENERGY2MARKET
                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 19 July 2019, the European Commission received notification of a proposed
        concentration pursuant to Article 4 of the Merger Regulation by which the
        undertaking EDF Pulse Croissance Holding SAS ("EDF Pulse Croissance"),
        controlled by Electricité de France SA ("EDF") (of France), acquires within the
        meaning of Article 3(1)(b) of the Merger Regulation sole control of the whole of
        Energy2Market GmbH ("E2M") (of Germany) by way of purchase of shares.3
2.      The business activities of the undertakings concerned are:
             EDF: is active in production, supply and transport of electricity, mainly in France
              but also outside France. EDF is also active in the gas sector as well as in the
              construction, operation, and maintenance of electrical plants and power networks
              and provides waste recycling and energy services,
             E2M: is an electricity aggregator incorporated in Germany. It is specialized in the
              direct selling of electricity from renewable energy sources.
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
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 249, 25.7.2019, p. 71.
4       OJ C 366, 14.12.2013, p. 5.
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--- 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
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