CELEX: 32021M10084
Language: en
Date: 2021-02-01 00:00:00
Title: Commission Decision of 01/02/2021 declaring a concentration to be compatible with the common market (Case No COMP/M.10084 - ACP / MARUBENI / TOHO GAS / GGND) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

EUROPEAN COMMISSION
                                                                Brussels, 1.2.2021
                                                                C(2021) 705 final
                                                                                 PUBLIC VERSION
                                                                To the notifying parties
Subject:        Case M.10084 – ACP / MARUBENI / TOHO GAS / GGND
                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 8 January 2021, the European Commission received notification of a proposed
        concentration pursuant to Article 4 of the Merger Regulation by which the
        undertakings Allianz Capital Partners GmbH (“ACP”, Germany), belonging to the
        Allianz Group, Marubeni Corporation (“Marubeni”, Japan), and Toho Gas Co. Ltd.
        (“Toho Gas”, Japan) acquire within the meaning of Article 3(1)(b) and 3(4) of the
        Merger Regulation joint control over the whole of the undertaking Galp Gás Natural
        Distribuição, S.A. (“GGND”, Portugal) by way of purchase of shares. 3
2.      The business activities of the undertakings concerned are:
        −     for ACP: mainly active as regards private equity, infrastructure and renewable
              energy investments,
        −     for Marubeni: active in global trading across various industries, including in
              energy and energy related projects,
        −     for Toho Gas: mainly supplying natural gas and related services in Japan,
        −     for GGND: primarily active in the distribution and retail of natural gas 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
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 16, 15.1.2021, p. 17.
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---    paragraph 5(b) 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)
                                                  Olivier GUERSENT
                                                  Director-General
4  OJ C 366, 14.12.2013, p. 5.
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