CELEX: 32015M7633
Language: en
Date: 2015-09-11 00:00:00
Title: Commission Decision of 11/09/2015 declaring a concentration to be compatible with the common market (Case No COMP/M.7633 - KIA / GAS NATURAL FENOSA / GPG) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

|[pic]                             |EUROPEAN COMMISSION                                                                                      |

                                        Brussels, 11.9.2015
                                        C(2015) 6339 final

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                                        To the notifying parties

Dear Sirs,

Subject:    Case M.7633- KIA/ GAS NATURAL FENOSA/ GPG
         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]

 1. On 13 August 2015, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger  Regulation
    by which the undertakings Kuwait Investment Authority (“KIA”) (Kuwait) via its wholly owned subsidiary Wren House Infrastructure  Management
    Ltd. (“Wren House”) (UK) and Gas Natural SDG, S.A. ("GNF") (Spain) acquire within the meaning of Article 3(1)(b) of  the  Merger  Regulation
    joint control of the undertaking Global Power Generation S.A.U. (formerly named Gas Natural Electricidad SDG, S.A.U. (“GPG”) (Spain) by  way
    of purchase of shares.[3]

 2. The business activities of the undertakings concerned are:

    - for the KIA: The KIA manages certain sovereign wealth funds for and on behalf of the State of Kuwait, such management includes  investment
           in infrastructure amongst other asset classes;

    - for GNF: is a holding company of a leading group of companies involved in the generation  and  distribution  of  electric  power  and  the
           distribution and trading of natural gas, both in Spain and internationally;

    - for GPG: GPG owns and operates various power generation infrastructure and associated facilities based on coal, gas,  hydro,  wind,  solar
           and thermo technologies. GPG also provides engineering and O&M services (including auxiliary facility support services) to both GNF’s
           group controlled and third party-operated power generation facilities.

 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]

 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 276, 21.08.2015, p. 3.

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

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                                                                  PUBLIC VERSION

                                                           SIMPLIFIED MERGER PROCEDURE