Case No COMP/M.4652 - NATIONAL GRID / TENNET / BRITNED JV

Only the English text is available and authentic.

REGULATION (EC) No 139/2004 MERGER PROCEDURE

Article 6(1)(b) NON-OPPOSITION Date: 03/08/2007

In electronic form on the EUR-Lex website under document number 32007M4652

Office for Official Publications of the European Communities L-2985 Luxembourg

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 03-08-2007

SG-Greffe(2007) D/204924 SG-Greffe(2007) D/204925

PUBLIC VERSION

MERGER PROCEDURE ARTICLE 6(1)(b) DECISION

SIMPLIFIED PROCEDURE

For information – Legal representative:

To the notifying parties:

Dear Madam or Sir,

Subject: Case No. COMP/M.4652 – National Grid/TenneT/BritNed JV Notification of 6/7/2007 pursuant to Article 4 of Council Regulation (EC) No. 139/2004 Publication in the Official Journal of the European Union No. C 162 of 14/7/2007 page 15.

1.On 6/7/2007, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No. 139/2004 by which National Grid plc ("National Grid", United Kingdom) and TenneT Holding B.V. ("TenneT"; The Netherlands) acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of the undertaking BritNed Development Ltd ("BritNed", United Kingdom) by way of purchase of shares in a newly created company constituting a joint venture.

The business activities of the undertakings concerned are:

-- for National Grid : Operation of the high voltage electricity transmission system in the United Kingdom; operation of gas transmission systems in the United Kingdom

1OJ L 24, 29.1.2004 p. 1

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

-- for TenneT : Operation of the high voltage electricity transmission system in The Netherlands

-- for BritNed: Construction and operation of a high voltage interconnector between the United Kingdom and The Netherlands

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

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 by D.Neven) Philip LOWE Director General

2OJ C 56, 05.3.2005 p.32

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