CELEX: 32020M9477
Language: en
Date: 2020-01-27 00:00:00
Title: Commission Decision of 27/01/2020 declaring a concentration to be compatible with the common market (Case No COMP/M.9477 - STEAG / OYAK / SET) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

EUROPEAN COMMISSION
                                                          Brussels, 27.1.2020
                                                          C(2020) 540 final
                                                                                 PUBLIC VERSION
                                                          To the notifying parties
Subject:        Case M.9477 – STEAG / OYAK / SET
                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
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                Economic Area
Dear Sir or Madam,
1.      On 20 December 2019, the European Commission received notification of a proposed
        concentration pursuant to Article 4 of the Merger Regulation by which the companies
        STEAG GmbH (“STEAG”, Germany), via STEAG Beteilungsgesellschaft mbH
        (“STEAG BG”), and Ordu Yardımlaşma Kurumu (“OYAK”, Turkey), via OYAK
        Birleşik Enerji, acquire, within the meaning of Articles 3(1)(b) and 3(4) of the Merger
        Regulation, joint control of the whole of STEAG Enerji Ticareti ve Hizmetleri A.Ş.,
        (“SET”, Turkey), currently solely controlled by STEAG via STEAG BG, by way of
        purchase of shares.3
2.      The business activities of the undertakings concerned are:
        −     STEAG is an international energy company mainly active in the field of
              generation and marketing of electricity and heat and relating services,
        −     OYAK is a Turkish private pension fund and its subsidiaries are active in a wide
              range of sectors, mainly mining, metallurgy, cement, concrete, paper, chemicals,
              financial services, automotive, logistics, construction, energy, and services,
        −     SET is mainly active in the field of energy trade and energy related services in
              Turkey.
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 4, 8.1.2020, p. 7.
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(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)
                                                  Olivier GUERSENT
                                                  Director-General
4  OJ C 366, 14.12.2013, p. 5.
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