CELEX: 32020M10052
Language: en
Date: 2020-12-17 00:00:00
Title: Commission Decision of 17/12/2020 declaring a concentration to be compatible with the common market (Case No COMP/M.10052 - ENI / UFG (ASSETS)) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

EUROPEAN COMMISSION
                                                                   Brussels, 17.12.2020
                                                                   C(2020) 9411 final
                                                                                    PUBLIC VERSION
                                                                   To the notifying party
Subject:        Case M.10052 – Eni/UFG (Assets)
                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 18 November 2020, the European Commission received notification of a proposed
        concentration pursuant to Article 4 of the Merger Regulation by which the
        undertaking Eni S.p.A. (“Eni”, Italy) acquires within the meaning of Article 3(1)(b) of
        the Merger Regulation sole control over part of certain businesses, assets and interests
        ("Target") currently belonging to Unión Fenosa Gas (“UFG”, Spain), a company
        jointly controlled by Eni and Naturgy Energy Group S.A. (“Naturgy”, Spain),3
        including 100% of the shares in UFG Comercializadora S.A. (Spain) and a charter
        contract for an LNG tanker. The acquisition is carried out by way of purchase of
        shares and assets.4
2.      The business activities of the undertakings concerned are:
        −     for ENI: a global oil and gas group, active within exploration, production,
              refining and selling operations, electricity and chemistry,
        −     for the Target: the supply of natural gas to retailers, traders, gas-powered
              electricity plants and industrial clients in Spain, and the transportation of LNG by
              vessel.
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       The proposed concentration is the result of a decision by Eni and Naturgy to terminate the UFG joint
        venture and the subsequent re-distribution of the activities and assets of UFG.
4       Publication in the Official Journal of the European Union No C 403, 26.11.2020, p. 16.
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--- 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(d) of the Commission Notice on a simplified procedure for treatment of
   certain concentrations under Council Regulation (EC) No 139/2004.5
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
5  OJ C 366, 14.12.2013, p. 5.
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