CELEX: 32015M7534
Language: en
Date: 2015-04-30 00:00:00
Title: Commission Decision of 30/04/2015 declaring a concentration to be compatible with the common market (Case No COMP/M.7534 - EPH / E.ON ITALIA COAL AND GAS BUSINESS) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

|[pic]                             |EUROPEAN COMMISSION                                                                                      |

                                        Brussels, 30.4.2015
                                        C(2015) 3091 final

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                                        To the notifying parties

Dear Sirs,

Subject:    Case M.7534 - EPH / E.ON ITALIA COAL AND GAS BUSINESS
         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 7 April 2015, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by
    which Energetický a průmyslový holding, a.s. ("EPH", Czech Republic),  acquires  within  the  meaning  of  Article  3(1)(b)  of  the  Merger
    Regulation control of the whole of E.ON Italia S.p.A.'s ("E.ON Italia", Italy) coal and gas business ("Target", Italy) by way of purchase of
    shares and assets. [3]

 2. The business activities of the undertakings concerned are:

      -     for EPH: utility company engaged in coal extraction, electricity and heat production, distribution and supply as well as gas  supply.
           It is mainly active in the Czech Republic, Slovakia, Germany, Poland, and the UK.

      -     for Target: active in the generation and wholesale supply of electricity in Italy. The Target comprises the coal and gas business  of
           E.ON Italia. The Transaction also includes the acquisition of Sunshine, a subsidiary of E.ON Italia  carrying  out  activity  in  the
           biomass field related to the Fiume Santo Plant.

 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)
                                        Alexander ITALIANER
                                        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 122, 16.04.2015, p. 8.

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

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                                                                  PUBLIC VERSION

                                                           SIMPLIFIED MERGER PROCEDURE