Commission Decision of 24/02/2006 declaring a concentration to be compatible with the common market (Case No IV/M.4025 - ATEL / EOSH) according to Council Regulation (EEC) No 4064/89 (Only the English text is authentic) | |Brussels, 24-II-2006 SG-Greffe(2006) D/200839 To the notifying party Dear Madam(s) and/or Sir(s), Subject : Case No. COMP/M.4025 – MC/ATEL/EOSH Notification of 20/01/2006 pursuant to Article 4 of Council Regulation (EC) No. 139/2004 [1] Publication in the Official Journal of the European Union No. C 21, 28/1/06, page 3 1. On 20/01/2006, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 by which the undertaking NewCo, resulting from the restructuring of the undertakings Motor-Columbus AG (“MC”, Switzerland) and Aare-Tessin AG (“ATEL”, Switzerland), acquires within the meaning of Article 3(1)(b) of the Council Regulation control of all the operational assets and activities of the undertaking EOS Holding (“EOSH assets”, Switzerland) as well as specifically identified electricity assets currently belonging to the EDF group (“EDF Swiss assets”, Switzerland) by way of purchase of share and assets.
2. The business activities of the undertakings concerned are: - for MC: holding company - for ATEL: predominantly generation and wholesale supply of electricity - for the EOSH assets: generation and wholesale supply of electricity - for the EDF Swiss assets: generation and wholesale supply of electricity 3. Having examined the notification and investigated the case, the Commission has concluded that the notified operation falls within the scope of Council Regulation (EC) No. 139/2004 and of paragraph 5 lit. c of the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No.
139/2004[2]. 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 (EC) No. 139/2004. For the Commission Signed Neelie KROES Member of the Commission [1] OJ L 24, 29.1.2004 p. 1 [2] OJ C 56, 05.3.2005 p.32 MERGER PROCEDURE ARTICLE 6(1)(b) DECISION SIMPLIFIED PROCEDURE PUBLIC VERSION