CELEX: 32019M9268
Language: en
Date: 2019-02-01 00:00:00
Title: Commission Decision of 01/02/2019 declaring a concentration to be compatible with the common market (Case No COMP/M.9268 - Macquarie Corporate Holdings Pty Limited / JERA Power International, B.V. / Swancor Ind. Co. Ltd. / Formosa I International Investment Co., Ltd. / Ørsted InvestCo Ltd. (f/k/a DONG Energy InvestCo Ltd.)) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

EUROPEAN COMMISSION
                                                                Brussels, 1.2.2019
                                                                C(2019) 884 final
                                                                        PUBLIC VERSION
                                                                To the notifying parties
Subject:        Case M.9268 – MACQUARIE / JERA POWER INTERNATIONAL / ORSTED
                INVESTCO / SWANCOR / FORMOSA I WIND POWER
                Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC)
                                1                                                                             2
                No 139/2004 and Article 57 of the Agreement on the European Economic Area
Dear Sir or Madam,
1.      On 9 January 2019, the European Commission received notification of a proposed
        concentration pursuant to Article 4 of the Merger Regulation by which the undertakings
        Macquarie Corporate Holdings Pty Limited (“Macquarie”, Australia), Ørsted InvestCo Ltd.
        (“Ørsted”, Denmark), Swancor Ind. Co. Ltd. (“Swancor”, Taiwan), and JERA Power
        International B.V. (“JERA”, Japan) acquire within the meaning of Article 3(1)(b) and of
        Article 3(4) of the Merger Regulation joint control over the whole of the undertaking
        Formosa I International Investment Co., Ltd. (“Formosa I”, Taiwan), which controls
        Formosa I Wind Power Co., Ltd., by way of purchase of shares.3
2.      The business activities of the undertakings concerned are:
             Macquarie is involved in a diverse range of businesses, including investing in a wide
              range of sectors including resources and commodities, energy, financial institutions,
              infrastructure and real estate.
             Ørsted is engaged in the development, construction and operation of offshore wind
              farms, bioenergy plants and innovative waste-to-energy solutions, and the provision of
              smart energy products to its customers. It also procures, produces, distributes and
              trades energy and related products in Northern Europe.
             Swancor is a producer and distributor of specialty chemical materials, including
              anticorrosion resins for use in tanks and pipelines in various industries, chimneys for
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 21, 17.1.2019, p. 8.
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---         power plants, yachts and swimming pools and epoxy system resins for wind turbine
        blades.
       JERA is active in upstream fuel investment, fuel procurement, trading and transport
        activities. It is also engaged in the development and operation of power generation
        plants.
       Formosa I is an offshore wind farm project being developed, constructed and operated
        near Miaoli, Taiwan.
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)
                                                    Johannes LAITENBERGER
                                                    Director-General
4  OJ C 366, 14.12.2013, p. 5.
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