Commission Decision of 29/09/2006 declaring a concentration to be compatible with the common market (Case No IV/M.4380 - EST / DALMINE) according to Council Regulation (EEC) No 4064/89 (Only the English text is authentic) Brussels, 29-IX-2006 SG-Greffe(2006) D/205458 To the notifying parties Dear Madam(s) and/or Sir(s), Subject: Case No. COMP/M.4380 – EST/ Dalmine Notification of 25.08.2006 pursuant to Article 4 of Council Regulation (EC) No. 139/2004 [1] Publication in the Official Journal of the European Communities No. C 210, 01.09.2006, page 43. 1. On 25 August 2006, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 [2] by which the undertaking E.ON Sales & Trading GmbH (“EST”, Germany) controlled by E.ON AG (“E.ON”, Germany) acquires within the meaning of Article 3(1)(b) of the Council Regulation sole control of the undertaking Dalmine Energie S.p.A.
(“Dalmine”, Italy) by way of purchase of shares. 2. The business activities of the undertakings concerned are: - for EST: activities related to the supply of gas and electricity; - for Dalmine: the wholesale supply of gas and the retail supply of electricity and gas to industrial and commercial customers in Italy. 3. After examination of the notification, the Commission has concluded that the notified operation falls within the scope of Council Regulation (EC) No. 139/2004 and of paragraph 5 subparagraph c, of the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004 [3].
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 Philip LOWE Director General [1] OJ L 24, 29.1.2004 p. 1. [2] OJ L 24, 29.1.2004 p. 1 [3] OJ C 56, 05.3.2005 p. 32. --------------------------------------------------