CELEX: 32018M9217
Language: en
Date: 2018-12-12 00:00:00
Title: Commission Decision of 12/12/2018 declaring a concentration to be compatible with the common market (Case No COMP/M.9217 - Engie / EDP Renewables / Repsol Nuevas Energías S.A. / Windplus S.A.) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

EUROPEAN COMMISSION
                                                                Brussels, 12.12.2018
                                                                C(2018) 8900 final
                                                                      PUBLIC VERSION
                                                                To the notifying parties
Subject:        Case M.9217 - ENGIE / EDPR / REPSOL / WINDPLUS
                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 16 November 2018, the European Commission received notification of a proposed
        concentration pursuant to Article 4 of the Merger Regulation by which Engie S.A.
        ("Engie", France), EDP Renewables, SGPS, S.A. ("EDPR", Portugal), controlled by EDP -
        Energias de Portugal S.A. ("EDP", Portugal), and Repsol Nuevas Energías S.A. ("Repsol",
        Spain), controlled by Repsol S.A. (Spain), acquire within the meaning of Article 3(1)(b)
        and Article 3(4) of the Merger Regulation joint control of Windplus S.A. ("Windplus",
        Portugal), currently controlled by EDPR and Repsol, by way of purchase of shares.3
2.      The business activities of the undertakings concerned are:
        –      Engie is an international energy company active throughout the entire value chain;
        –      EDPR is active in the generation of renewable energy and is ultimately controlled by
               EDP, a utility company active in the generation, distribution and supply of electricity
               in Portugal and Spain;
        –      Repsol develops a business related to renewable energy and is controlled by Repsol
               S.A., an integrated energy company in the oil and gas industry;
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 423, 23.11.2018, p. 21.
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---    –     Windplus developed and builds an offshore wind project to be active in the
         generation and wholesale supply of electricity in Portugal.
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(a) 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
4  OJ C 366, 14.12.2013, p. 5.
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