CELEX: 32021M10072
Language: en
Date: 2021-02-15 00:00:00
Title: Commission Decision of 15/02/2021 declaring a concentration to be compatible with the common market (Case No COMP/M.10072 - SOJITZ / ENEOS / EDENVALE SOLAR PARK) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

EUROPEAN COMMISSION
                                                             Brussels, 15.2.2021
                                                             C(2021) 1099 final
                                                                                 PUBLIC VERSION
                                                             Sojitz Corporation
                                                             1-1, Uchisaiwaicho 2-chome, Chiyoda-ku
                                                             100-8691 – Tokyo
                                                             Japan
                                                             ENEOS Corporation
                                                             1-1-2 Otemachi, Chiyoda-ku
                                                             100-8162 – Tokyo
                                                             Japan
Subject:        Case M.10072 – SOJITZ / ENEOS / EDENVALE SOLAR PARK
                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 22 January 2021, the European Commission received notification of a proposed
        concentration pursuant to Article 4 of the Merger Regulation by which the
        undertakings Sojitz Corporation (“Sojitz”, Japan), and Eneos Corporation (“Eneos”,
        Japan), a wholly owned subsidiary of ENEOS Holdings, Inc. (Japan), acquire within
        the meaning of Article 3(1)(b) of the Merger Regulation joint control over the whole
        of the undertaking Edenvale Solar Park Pty Ltd. (“Edenvale”, Australia), belonging to
        DPI Solar 3 Pte ltd (Singapore) by way of purchase of shares. 3
2.      The business activities of the undertakings concerned are:
        −     for Sojitz Corporation: the trading of good and services and in particular the
              construction and exploitation of energy and social infrastructure with a focus on
              solar, wind and biomass power generation,
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 34, 1.2.2021, p. 29.
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 Eneos Corporation: the production, trading and marketing of crude oil,
        petroleum products, petrochimicals, electricity, lubricant, coal and hydrogen,
   −    for Edenvale: the development, construction and operation of a solar farm in
        Queensland, Australia.
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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