EUROPEAN COMMISSION DG Competition

Only the English text is available and authentic.

REGULATION (EC) No 139/2004 MERGER PROCEDURE

Article 6(1)(b) NON-OPPOSITION Date: 05/12/2018

EUROPEAN COMMISSION

Brussels, 05.12.2018 C(2018) 8467 final

PUBLIC VERSION

To the Notifying Parties

Dear Sir or Madam,

1.1. On 13 November 2018, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by which the undertakings Engie S.A. ("Engie", France), Omnes Capital (France) and Prédica Prévoyance Dialogue du Crédit Agricole S.A. ("Prédica", France), controlled by Crédit Agricole S.A. acquire within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control over 313 photovoltaic plants ("The Target", France) by way of purchase of shares.

2. The business activities of the undertakings concerned are:

- Engie is an industrial company active throughout the entire energy-value chain in the fields of gas and electricity supply, as well as in energy services,

- Omnes Capital is an independent French asset management company active in several branches of private equity, notably in the renewable energy sector,

- Prédica is a subsidiary of Crédit Agricole S.A. active in the insurance sector,

- The Target consists in 13 photovoltaic plants active in the generation and wholesale supply of electricity, which are currently controlled by three different entities and being acquired as part of the Equinox VIII A project.

2.3. 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(c) of the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004.

1OJ 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.

2OJ L 1, 3.1.1994, p. 3 (the 'EEA Agreement').

3Publication in the Official Journal of the European Union No C 421, 21.11.2018, p. 13.

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 and Article 57 of the EEA Agreement.

For the Commission

(Signed) Johannes LAITENBERGER Director-General

4OJ C 366, 14.12.2013, p. 5.

2