CELEX: 32019M9535
Language: en
Date: 2019-10-02 00:00:00
Title: Commission Decision of 02/10/2019 declaring a concentration to be compatible with the common market (Case No COMP/M.9535 - JERA / MACQUARIE / SWANCOR / FORMOSA 2) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

EUROPEAN COMMISSION
                                                               Brussels, 2.10.2019
                                                               C(2019) 7194 final
                                                                                 PUBLIC VERSION
                                                               To the notifying parties
Subject:        Case M.9535 – JERA / MACQUARIE / SWANCOR / FORMOSA 2
                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 6 September 2019, the European Commission received notification of a proposed
        concentration pursuant to Article 4 of the Merger Regulation by which JERA Formosa
        2 B.V (“JERA”, The Netherlands), controlled by JERA Co., Inc., Macquarie
        Corporate Holdings Pty Limited (“Macquarie”, Australia), and Swancor Renewable
        Energy Co., Ltd. (“Swancor”, Taiwan), acquire within the meaning of Article 3(1)(b)
        and 3(4) of the Merger Regulation joint control of the whole of Formosa 2
        International Investment Co., Ltd (“Formosa 2”).3
2.      The business activities of the undertakings concerned are:
                for JERA: JERA is a special purpose vehicle, controlled by JERA Co., Inc.
                 JERA Co., Inc. is jointly owned by two Japanese utility companies, TEPCO
                 Fuel & Power, Inc., which is a 100% subsidiary of Tokyo Electric Power
                 Company Holdings, Inc., and Chubu Electric Power Co., Inc.,
                for Macquarie: diverse range of businesses, including investing in a wide range
                 of sectors including resources and commodities, energy, financial institutions,
                 infrastructure and real estate,
                for Swancor: Taiwan-based developer and operator of offshore wind farms,
                 providing engineering, procurement, permitting, asset management and
                 operation and maintenance services across offshore wind farms in Taiwan,
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 314, 18.9.2019, p. 11.
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 Formosa 2: construction and operation of the Formosa 2 offshore windfarm
           located off the coast of Miaoli County, in North-West Taiwan.
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)
                                                    Cecilio MADERO VILLAREJO
                                                    Acting Director-General
4  OJ C 366, 14.12.2013, p. 5.
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