CELEX: 32021M10377
Language: en
Date: 2021-09-06 00:00:00
Title: Commission Decision of 06/09/2021 declaring a concentration to be compatible with the common market (Case No COMP/M.10377 - RAG-STIFTUNG / OPEN GRID EUROPE / H2UB) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

EUROPEAN COMMISSION
                                                                Brussels, 6.9.2021
                                                                C(2021) 6631 final
                                                                                 PUBLIC VERSION
                                                                RAG-Stiftung
                                                                Im Welterbe 10
                                                                45141 Essen
                                                                Germany
                                                                Open Grid Europe GmbH
                                                                Kallenbergstraße 5
                                                                45141 Essen
                                                                Germany
Subject:        Case M.10377 – RAG-STIFTUNG / OPEN GRID EUROPE / H2UB
                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 12 August 2021, the European Commission received notification of a proposed
        concentration pursuant to Article 4 of the Merger Regulation by which the
        undertakings RAG Stiftung (‘RAGS’, Germany) and Open Grid Europe GmbH
        (‘OGE’, Germany), which is controlled by Vier Gas Holdings S.à.r.l. (Luxembourg),
        acquire within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint
        control over the whole of the undertaking H2UB GmbH (‘H2UB’, Germany) by way
        of purchase of shares.3
2.      The business activities of the undertakings concerned are:
        −     for RAGS: active worldwide in financing the perpetual obligations left behind by
              the German hard coal industry and acquisition and management of direct or
              indirect interests in entities in accordance with this goal, including shareholdings
              in the speciality chemicals company Evonik Industries AG and in the housing
              provider Vivawest GmbH,
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 334, 20.8.2021, p. 22-23.
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---    −    for OGE: primarily active in Germany, amongst others in the operation of a
        natural gas pipeline network in Germany, as well as in consulting services
        concerning a transformation to hydrogen usage via its jointly-controlled
        subsidiary evety GmbH,
   −    for H2UB: will be primarily active in Germany in management consulting
        services for start-ups in the hydrogen industry and organization and management
        of hydrogen related business events.
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) & 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)
                                                   Olivier GUERSENT
                                                   Director-General
4  OJ C 366, 14.12.2013, p. 5.
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