CELEX: 32019M9632
Language: en
Date: 2019-12-09 00:00:00
Title: Commission Decision of 09/12/2019 declaring a concentration to be compatible with the common market (Case No COMP/M.9632 - E.ON / BERLINER STADTWERKE / TEGEL ENERGIE) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

EUROPEAN COMMISSION
                                                                Brussels, 9.12.2019
                                                                C(2019) 8922 final
                                                                                 PUBLIC VERSION
                                                                To the notifying parties
Subject:        Case M.9632 - E.ON / BERLINER STADTWERKE / TEGEL ENERGIE
                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 15 November 2019, the European Commission received notification of a proposed
        concentration pursuant to Article 4 of the Merger Regulation by which E.ON SE
        (“EON”, Germany), and Berliner Stadtwerke GmbH („BSW“, Germany), controlled
        by Berliner Wasserbetriebe Anstalt des öffentlichen Rechts („BWB“, Germany),
        acquire within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint
        control of Tegel Energie, a newly created joint venture (“Tegel Energie”, Germany).3
2.      The business activities of the undertakings concerned and the joint venture are:
             for E.ON: E.ON´s activities are focused on two main business pillars: (i) energy
              distribution networks and (ii) customer solutions (including electricity and gas
              retail supply).
             for BSW: BSW is a 100% subsidiary of BWB. BWB is active with regard to
              drinking water supply and provides wastewater treatment services, as well as -
              through BSW - in the construction and operation of renewable energy plants and
              electricity retail supply.
             for Tegel Energie: Tegel Energie will construct and operate a new district heating
              and cooling network as well as generation facilities for two new
              residential/commercial areas on the site of today’s Berlin Tegel Airport.
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 398, 25.11.2019, 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)
                                                  Cecilio MADERO VILLAREJO
                                                  Acting Director-General
4  OJ C 366, 14.12.2013, p. 5.
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