CELEX: 32016M8211
Language: en
Date: 2016-10-13 00:00:00
Title: Commission Decision of 13/10/2016 declaring a concentration to be compatible with the common market (Case No COMP/M.8211 - MARUBENI / TOHO GAS / GALP ENERGIA / GGND) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

|[pic]                             |EUROPEAN COMMISSION                                                                                      |

                                        Brussels, 13.10.2016
                                        C(2016) 6694 final

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                                        To the notifying parties

Dear Sirs,

Subject:    Case M.8211 - MARUBENI / TOHO GAS / GALP ENERGIA / GGND
         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 21/09/2016, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger  Regulation  by
    which the undertakings Marubeni Corporation ("Marubeni" of Japan), Toho Gas Co., Ltd. ("Toho Gas" of Japan) and  Galp  Energia,  SGPS,  S.A.
    ("Galp Energia" of Portugal)  acquire within the meaning of Article 3(1)(b) of the Merger Regulation  joint  control  of  Galp  Gás  Natural
    Distribuição, S.A. ("GGND" of Portugal) by way of purchase of shares.[3]

 2. The business activities of the undertakings concerned are:

  – for Marubeni: global trading across various industries, including energy and energy related projects;

  – for Toho Gas: gas supply and related services in Japan, as well as activities across various other industries;

  – for Galp Energia: exploration and production of oil and natural gas, refining and marketing of oil products, marketing of  natural  gas  and
    power generation;

  – for GGND: natural gas distribution 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 (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)
                                        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 359, 30.09.2016, p. 10.
[4]   OJ C 366, 14.12.2013, p. 5.

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                                                                  PUBLIC VERSION

                                                           SIMPLIFIED MERGER PROCEDURE