CELEX: 32020M9647
Language: en
Date: 2020-03-03 00:00:00
Title: Commission Decision of 03/03/2020 declaring a concentration to be compatible with the common market (Case No COMP/M.9647 - GHT MOBILITY / STADTWERKE DÜSSELDORF / CLEVERSHUTTLE DÜSSELDORF) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

EUROPEAN COMMISSION
                                                                Brussels, 03.03.2020
                                                                C(2020) 1497 final
                                                                                 PUBLIC VERSION
                                                                To the notifying parties
Subject:        Case M.9647 – GHT MOBILITY / STADTWERKE DÜSSELDORF /
                CLEVERSHUTTLE DÜSSELDORF
                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 7 February 2020, the European Commission received notification of a proposed
        concentration pursuant to Article 4 of the Merger Regulation by which the
        undertakings GHT Mobility GmbH (‘GHT’, Germany), ultimately controlled by
        Deutsche Bahn AG (Germany) and Stadtwerke Düsseldorf AG (‘SWD’, Germany),
        ultimately controlled by EnBW Baden-Württemberg AG (Germany) acquire within
        the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control over
        the whole of the undertaking CleverShuttle Düsseldorf GmbH (‘CS Düsseldorf‘,
        Germany) by way of purchase of shares.3 CS Düsseldorf provides ride pooling
        services in the city of Düsseldorf and is currently solely controlled by GHT.
2.      The business activities of the undertakings concerned are:
          for GHT: development, marketing and implementation of IT-optimised mobility
              concepts including IT-optimised passenger transport services with rental cars.
              Controlled by Deutsche Bahn AG, a provider of railway infrastructure in
              Germany, passenger transport in the EU and freight forwarding and logistics
              worldwide.
          for SWD: supply of electricity, gas, water and district heating, waste
              management, natural gas vehicles, electro mobility, energy-related services and
              public lighting in the area of Düsseldorf. Controlled by EnBW Energie Baden-
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 51, 14.02.2020, p. 43.
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---         Württemberg AG, which is active in generation and wholesale of electricity and
        provision of energy supply services in the EEA.
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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