Commission Decision of 26/04/2002 declaring a concentration to be compatible with the common market (Case No IV/M.2789 - RWE POWER / LUCCHINI / ELETTRA GLL JV) according to Council Regulation (EEC) No 4064/89 (Only the English text is authentic) Official Journal 108 , 04/05/2002 P. 0009 - 0009 Commission Decision of 26/04/2002 declaring a concentration to be compatible with the common market (Case No IV/M.2789 - RWE POWER / LUCCHINI / ELETTRA GLL JV) according to Council Regulation (EEC) No 4064/89 (Only the English text is authentic) Brussels, 26/04/2002 SG (2002) D/229615 To the notifying parties Dear Madam(s) and/or Sir(s), Subject:
Case No. COMP/M.2789 - RWE POWER/LUCCHINI/ELETTRA GLL JV Notification of 27/03/2002 pursuant to Article 4 of Council Regulation (EEC) No. 4064/89 [1] Publication in the Official Journal of the European Communities No. C 88, 12 April 2002, page 27 [1] OJ L 395, 30.12.1989 p. 1; corrected version OJ L 257 of 21.9.1990, p. 13, as last amended by Regulation (EC) No 1310/97, OJ L 180, 9.7.1997, p. 1, corrigendum in OJ L 40, 13.2.1998, p. 17. 1. On 27/03/2002, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EEC) No. 4064/89 by which the undertakings RWE Power AG ("RWE Power"), Germany, belonging to the group RWE and Lucchini S.p.A.
("Lucchini"), Italy, acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of the Italian undertaking Elettra GLL S.p.A. ("Elettra GLL") by way of purchase of shares. Prior the transaction, Elettra GLL was solely controlled by Lucchini. The business activities of the undertakings concerned are : - for undertaking RWE Power : Generation of electricity. - for undertaking Lucchini : Various activities in the steel sector; generation of electricity through Elettra GLL. - for undertaking Elettra GLL : Generation of electricity. 2. After examination of the notification, the Commission has concluded that the notified operation falls within the scope of Council Regulation (EEC) No 4064/89 and of paragraph 4, subparagraph c, of the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EEC) No 4064/89 [2]. [2] OJ C 217, 29.07.2000, p.
32. 3. For the reasons set out in the Notice on a simplified procedure, the Commission has decided not to oppose the notified operation and to declare it compatible with the common market and with the EEA Agreement. This decision is adopted in application of Article 6(1)(b) of Council Regulation (EEC) No 4064/89. For the Commission Mario MONTI Member of the Commission