Case No COMP/M.5788 - SHARP/ ENEL GREEN POWER/ JV

Only the English text is available and authentic.

REGULATION (EC) No 139/2004 MERGER PROCEDURE

Article 6(1)(b) NON-OPPOSITION Date: 07/04/2010

In electronic form on the EUR-Lex website under document number 32010M5788

Office for Publications of the European Union L-2985 Luxembourg

EUROPEAN COMMISSION

Brussels, 7.4.2010 SG-Greffe(2010) D/4965/4966 C(2010)2351

PUBLIC VERSION

MERGER PROCEDURE ARTICLE 6(1)(b) DECISION

SIMPLIFIED PROCEDURE

To the notifying parties

Dear Madam(s) and/or Sir(s),

Subject: Case No COMP/M.5788 - SHARP/ ENEL GREEN POWER/ JV Notification of 05/03/2010 pursuant to Article 4 of Council Regulation (EC) No 139/2004 Publication in the Official Journal of the European Union No C 61 of 12/03/2010, p.14.

1. On 05/03/2010, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by which Enel Green Power S.p.A. ("Enel Green Power", Italy) controlled by Enel S.p.A. (collectively with its subsidiaries "Enel group", Italy) and Sharp Corporation ("Sharp", Japan) acquire within the meaning of Article 3(1)(b) of the EC Merger Regulation joint control of IPP JV a newly created company constituting a joint venture, by way of purchase of shares.

The business activities of the undertakings concerned are:

1

OJ L 24, 29.1.2004, p 1 (the "Merger Regulation"). With effect from 1 December 2009, Articles 81 and 82 of the EC Treaty have become Articles 101 and, 102, respectively, of the Treaty on the Functioning of the European Union ("TFEU"). The two sets of provisions are, in substance, identical. For the purposes of this Decision, references to Articles 101 and 102 of the TFEU should be understood as references to Articles 81 and 82, respectively, of the EC Treaty where appropriate. The TFEU also introduced certain changes in terminology, 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.

Commission européenne, B-1049 Bruxelles / Europese Commissie, B-1049 Brussel - Belgium. Telephone: (32-2) 299 11 11.

- for Enel Group: generation and distribution of energy;

- for Sharp: manufacturing and distribution of consumer and IT products;

- for IPP JV: generation and supply of electricity.

2. 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(a) of the Commission Notice on a simplified procedure for treatment of certain

2 concentrations under Council Regulation (EC) No 139/2004.

3. 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

2 OJ C 56, 05.3.2005, p. 32 ("Notice on a simplified procedure").

2