CELEX: 32016M7994
Language: en
Date: 2016-04-27 00:00:00
Title: Commission Decision of 27/04/2016 declaring a concentration to be compatible with the common market (Case No COMP/M.7994 - THE KINGDOM OF DENMARK / DONG) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

|[pic]                             |EUROPEAN COMMISSION                                                                                      |

                                        Brussels, 27.04.2016
                                        C(2016) 2697 final

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                                        To the notifying party

Dear Sirs,

Subject:    Case M.7994 - THE KINGDOM OF DENMARK / DONG
         Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC) No 139/2004[1] and Article 57 of the Agreement on the
         European Economic Area[2]

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 1. On 1 April 2016, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by
    which the Kingdom of Denmark via the Ministry of Finance ("MOF") acquires within the meaning of Article 3(1)(b)  of  the  Merger  Regulation
    sole control of DONG Energy A/S ("DONG "), Denmark.[3]

 2. The business activities of the undertakings concerned are:

      -     MOF has currently joint control over DONG together with Goldman Sachs.

      -     DONG is active in the markets for oil and natural  gas  exploration  and  production;  development,  construction  and  operation  of
           offshore wind farms; electricity and heat generation from power plants; natural  gas  and  electricity  trading;  and  the  sale  and
           distribution of electricity and natural gas. Furthermore, DONG is involved in offshore wind farm projects in the US.

 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(d) 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

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[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 125, 8.4.2016, p. 6.

[4]   OJ C 366, 14.12.2013, p. 5.

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                                                                  PUBLIC VERSION

                                                           SIMPLIFIED MERGER PROCEDURE