Commission Decision of 19/03/2013 declaring a concentration to be compatible with the common market (Case No COMP/M.6875 - TENNET OFFSHORE / MITSUBISHI CORPORATION / TENNET OFFSHORE 8) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic) |EUROPEAN COMMISSION | Brussels, 19/03/2013 C(2013) 1775 PUBLIC VERSION SIMPLIFIED MERGER PROCEDURE To the notifying parties: Dear Madam(s) and/or Sir(s), Subject: Case No COMP/M.6875 – Tennet Offshore/ Mitsubishi Corporation/ Tennet Offshore 8 Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC) No 139/2004 [1] 1.
On 19 February 2013, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by which Mitsubishi Corporation ("MC", Japan) and TenneT Offshore GmbH ("TOG", Germany), wholly owned by TenneT Holding B.V., acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control over TenneT Offshore 8. Beteiligungsgesellschaft mbH ("HoldCo I", Germany), by way of a purchase of shares. TOG is so far the sole shareholder of HoldCo I. [2] 2. The business activities of the undertakings concerned are: - for MC: general trading activities in various industries including energy, metals, machinery, chemicals, food, and general merchandise; - for TOG: active in the offshore electricity transmission sector in Germany.
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(b) 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 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.
For the Commission (Signed) Alexander ITALIANER Director General [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] Publication in the Official Journal of the European Union No C 057, 27/02/2013, p.4. [3] OJ C 56, 5.3.2005, p. 32.