CELEX: 32022M10617
Language: en
Date: 2022-02-07 00:00:00
Title: Commission Decision of 07/02/2022 declaring a concentration to be compatible with the common market (Case No COMP/M.10617 - EDF / SOJITZ CORPORATION / NEBRAS POWER / KYUDEN INTERNATIONAL CORPORATION / JV) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

EUROPEAN COMMISSION
                                                               Brussels, 7.2.2022
                                                               C(2022) 833 final
                                                                               PUBLIC VERSION
                                                              Electricité de France
                                                              22-30 avenue de Wagram
                                                              75008 Paris
                                                              France
                                                              Nebras Power Investment Management
                                                              B.V.
                                                              Parnassusweg 823
                                                              1082, LZ - Amsterdam
                                                              The Netherlands
                                                              Sojitz Corporation
                                                              1-1, Uchisaiwaicho 2-chome,
                                                              Chiyoda-ku
                                                              Tokyo 100-8691
                                                              Japan
                                                              Kyuden International Corporation
                                                              6F KMG Bld., 2-23
                                                              Yakuin 3 Chome
                                                              Chuo-Ku, Fukuoka
                                                              810-0022 Japan
Subject:        Case M.10617 - EDF / SOJITZ CORPORATION / NEBRAS POWER /
                KYUDEN INTERNATIONAL CORPORATION / JV
                Commission decision pursuant to Article 6(1)(b) of Council Regulation
                (EC) No 139/20041 and Article 57 of the Agreement on the European
                Economic Area2
Dear Sir or Madam,
1.      On 14 January 2022, the European Commission received notification of a proposed
        concentration pursuant to Article 4 of the Merger Regulation by which Electricité de
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’).
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---    France ("EDF", France); Nebras Power Investment Management B.V. (the
   Netherlands), controlled by Nebras Power Q.P.S.C. ("Nebras", Qatar), a joint venture
   between Qatar Electricity and Water Company O.P.S.C (Qatar) and the Qatar
   Investment Authority (Qatar); Sojitz Corporation ("Sojitz", Japan); and Kyuden
   International Corporation (“Kyuden”, Japan), controlled by Kyushu Electric Power
   Co. Inc (“Kyushu”, Japan), acquire within the meaning of Article 3(1)(b) and 3(4) of
   the Merger Regulation joint control of the whole of the Joint Venture (Uzbekistan), by
   way of purchase of shares in a newly created company constituting a joint venture.3
2. The business activities of the undertakings concerned are:
       for EDF: mainly active in the electricity markets, and in particular in electricity
        production (nuclear, renewable and fossil) and wholesale, trading, transmission,
        distribution and supply as well as in the gas and energy services markets and in
        the construction, operation and maintenance of electric plants and power
        networks,
       for Nebras: active in the clean energy sector,
       for Sojitz: active in chemicals, foodstuff resources, LNG terminal, machineries,
        automotive/aircraft parts and energy, namely an onshore wind farm portfolio and
        the retail supply of electricity and gas,
       for Kyuden: active in utilising Kyushu's technology and expertise in the energy
        sector in markets outside Japan,
       for the Joint Venture: will be active in the development, ownership, financing,
        procurement, construction, testing, commissioning, operation, and maintenance of
        a greenfield power generation plant of 1,200-1,600 MW of power generation
        capacity, together with associated infrastructure and facilities, which will be
        located at Syrdarya, Republic of Uzbekistan as well as supplying the Government
        of Uzbekistan with electricity from the plant.
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)
                                                            Olivier GUERSENT
                                                            Director-General
3  Publication in the Official Journal of the European Union No C 35, 24.1.2022, p. 19.
4  OJ C 366, 14.12.2013, p. 5.
                                                       2