Commission Decision of 16/04/2003 declaring a concentration to be compatible with the common market (Case No IV/M.3135 - SGAM4D / GUGGENHEIN / IES) according to Council Regulation (EEC) No 4064/89 (Only the English text is authentic) Official Journal 117 , 17/05/2003 P. 0006 - 0006 Commission Decision of 16/04/2003 declaring a concentration to be compatible with the common market (Case No IV/M.3135 - SGAM4D / GUGGENHEIN / IES) according to Council Regulation (EEC) No 4064/89 (Only the English text is authentic) To the notifying parties Dear Madam(s) and/or Sir(s), Subject: Case No. COMP/M. 3135 - SGAM/4D/Guggenhein/IES Notification of 19.03.2003 pursuant to Article 4 of Council Regulation (EEC) No.
4064/89 [1] Publication in the Official Journal of the European Communities No. C 76, 28/03/2003, p. 23 [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 19.03.2003, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EEC) No. 4064/89 by which which the Irish undertaking SGAM/4D, controlled by Société Générale ("France"), and Guggenhein Consultadoria e Servicos LDA ("Guggenhein", Portugal) acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of the undertaking Italiana Energia e Servizi S.p.a.
("IES", Italy), by way of the purchase of shares through a capital increase of IES. 2. The business activities of the undertakings concerned are : - for SGAM/4D: capital fund, holding a private equity portfolio, predominantly in the oil and gas industry - for Société Générale: French full-service bank with activities in retail banking, asset management, investment banking and corporate finance - for Guggenhein: accounting and financial services, corporate consultancy and management of its financial assets - for IES: refining, marketing, supply and transportation of refined petroleum products.
3. 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, subparagraphs b, 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. 4. 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 Signed, Mario MONTI Member of the Commission