CELEX: 32016M7869
Language: en
Date: 2016-02-08 00:00:00
Title: Commission Decision of 08/02/2016 declaring a concentration to be compatible with the common market (Case No COMP/M.7869 - MACQUARIE / DOLOMITI ENERGIA / HYDRO DOLOMITI ENEL) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

|[pic]                             |EUROPEAN COMMISSION                                                                                      |

                                        Brussels, 08.02.2016
                                        C(2016) 849 final

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|To the notifying parties:                                              |                                                                       |
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Dear Sirs,

Subject:    Case M.7869– MACQUARIE / DOLOMITI ENERGIA / HYDRO DOLOMITI ENEL
         Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC) No 139/2004[1] and Article 57 of the Agreement on the
         European Economic Area[2]

 1. On 12.01.2016, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger  Regulation  by
    which Macquarie European Infrastructure Fund 4 LP ("MEIF4", Guernsey),  ultimately  controlled  by  the  Macquarie  Group  (Australia),  and
    Dolomiti Energia S.p.A. ("Dolomiti", Italy), which is part of the Dolomiti Energia Group (Italy), acquire  within  the  meaning  of  Article
    3(1)(b) of the Merger Regulation joint control of Hydro Dolomiti Enel S.r.l. ("HDE", Italy) by way of purchase of shares.[3]

 2. The business activities of the undertakings concerned are:

        – MEIF4 is a wholesale investment fund focusing on transportation and utilities assets located  in  certain  European  countries.  MEIF4
          owns 100% of shares in Renvico s.r.l. which operates a portfolio of wind farms located in Central-Southern Italy.

        – Dolomiti is active in several areas,  including  electricity  production;  electricity-heat  cogeneration;  procurement  and  sale  of
          electricity and methane gas; electricity distribution; methane gas distribution; integrated water services; collection, transport  and
          disposal of municipal waste; construction of photovoltaic plants and related energy efficiency activities. Dolomiti mainly operates in
          Northern Italy.

        – HDE, currently jointly owned by the Enel Group (Italy) and Dolomiti, is the owner of a diversified large-scale operating hydro  energy
          portfolio in Northern Italy.

 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(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),
                                        Johannes LAITENBERGER
                                        Director-General

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[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, 22.01.2016, p. 6.

[4]   OJ C 366, 14.12.2013, p. 5.

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                                                                  PUBLIC VERSION

                                                           SIMPLIFIED MERGER PROCEDURE