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: 30/10/2023

In electronic form on the EUR-Lex website under document number 32023M11287

EUROPEAN COMMISSION

Brussels, 30.10.2023 C(2023) 7487 final

PUBLIC VERSION

Asterion Industrial Partners, SGEIC, S.A. Calle de Serrano 16, 2nd floor, 28001 Madrid Spain

Dear Sir or Madam,

1.1. On 6 October 2023, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation, by which the undertaking Asterion Industrial Partners, SGEIC, S.A. ("Asterion", Spain), will indirectly acquire within the meaning of Article 3(1)(b) of the Merger Regulation sole control over the whole of STEAG GmbH ("STEAG", Germany) by way of purchase of shares and voting rights.

2. The business activities of the undertakings concerned are the following:

-− Asterion is a management company of closed-end collective investment entities and in this context, manages Spanish private equity funds,

-− STEAG is an energy supplier based in Germany, which is active in the generation and supply of electricity and district heating, as well as the project development, construction and operation of power plants and relating technical services.

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

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, OJ C, C/2023/282, 17.10.2023.

Commission européenne/Europese Commissie, 1049 Bruxelles/Brussel, BELGIQUE/BELGIË - Tel. +32 22991111

paragraph 5 (d) of the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004.

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) Olivier GUERSENT Director-General

4OJ C 160, 5.5.2023, p. 1–10.

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