CELEX: 32020M10055
Language: en
Date: 2020-12-23 00:00:00
Title: Commission Decision of 23/12/2020 declaring a concentration to be compatible with the common market (Case No COMP/M.10055 - MIRA / ROMANIAN ASSETS OF CEZ) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

EUROPEAN COMMISSION
                                                                Brussels, 23.12.2020
                                                                C(2020) 9637 final
                                                                                 PUBLIC VERSION
                                                                To the notifying party
Subject:        Case M.10055 – MIRA / ROMANIAN ASSETS OF CEZ
                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 1 December 2020, the European Commission received notification of a proposed
        concentration pursuant to Article 4 of the Merger Regulation by which Macquarie
        Infrastructure and Real Assets (Europe) Limited (“MIRA”, United Kingdom) intends
        to acquire within the meaning of Article 3(1)(b) of the Merger Regulation sole control
        of some of the assets of ČEZ a.s. (”CEZ”, Czechia), notably its Romanian electricity
        generation, electricity distribution, and electricity and natural gas retail supply assets
        (“Romanian assets of CEZ”, Romania) by way of purchase of shares.3
2.      The business activities of the undertakings concerned are:
             for MIRA: the management of infrastructure and other real assets, including real
              estate, energy and agricultural assets. MIRA forms part of the Macquarie
              Infrastructure and Real Assets division of Macquarie Group Limited, a global
              investment, banking and financial services provider,
             for Romanian assets of CEZ: seven companies which together operate an
              electricity distribution network, a portfolio of renewable energy assets and a retail
              electricity and gas supply business, all located in Romania. These companies are
              Distributie Energie Oltenia SA, ČEZ Vanzare SA, Ovidiu Development SA,
              Tomis Team SA, MW Team Invest SRL, ČEZ Romania SA and TMK
              Hydroenergy Power SRL.
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 424, 8.12.2020, p. 38.
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(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)
                                                  Olivier GUERSENT
                                                  Director-General
4  OJ C 366, 14.12.2013, p. 5.
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