CELEX: 32020M9699
Language: en
Date: 2020-02-07 00:00:00
Title: Commission Decision of 07/02/2020 declaring a concentration to be compatible with the common market (Case No COMP/M.9699 - MITSUBISHI CORPORATION / ENECO GROEP) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

EUROPEAN COMMISSION
                                                                Brussels, 07.02.2020
                                                                C(2020) 813 final
                                                                                 PUBLIC VERSION
                                                                To the notifying party
Subject:        Case M.9699 – MITSUBISHI CORPORATION / ENECO GROEP
                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 16 January 2020, the European Commission received notification of a proposed
        concentration pursuant to Article 4 of the Merger Regulation by which the
        undertaking Mitsubishi Corporation (“MC”, Japan) acquires within the meaning of
        Article 3(1)(b) of the Merger Regulation indirect sole control over the whole of the
        undertaking Eneco Groep N.V. (“Eneco”, the Netherlands) by way of purchase of
        shares.3
2.      The business activities of the undertakings concerned are:
             MC is a global integrated trading company which develops and operates
              businesses across a variety of industries. MC (through its subsidiaries) is active in
              the development, construction and operation of windfarms, generation and
              wholesale supply of electricity and in trading of electricity in the EEA,
             Eneco is active in the production and storage of electricity from (sustainable)
              resources, including wind, solar, water and bio-energy, the supply of electricity
              and gas to private and business customers, and provision of ancillary services.
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 23, 23.1.2020, p. 13.
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(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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