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Case No COMP/M.7108 - AXPO GROUP/ EDP GROUP/ JV

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REGULATION (EC) No 139/2004 MERGER PROCEDURE

Article 6(1)(b) NON-OPPOSITION Date: 04/02/2014

In electronic form on the EUR-Lex website under document number 32014M7108

Office for Publications of the European Union L-2985 Luxembourg

EUROPEAN COMMISSION

Brussels, 4.2.2014 C(2014) 716 final

PUBLIC VERSION

SIMPLIFIED MERGER PROCEDURE

To the notifying partis:

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

Subject: Case COMP/M.7108 – AXPO GROUP/ EDP GROUP/ JV Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC) No 139/2004

1.On 08 January 2014, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by which the undertaking Axpo CKW France, belonging to Axpo Holding AG (Switzerland), and EDPR France, belonging to the EDP Renovaveis S.A. (Portugal), acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control over 9 wind power companies located in France, by way of purchase of shares.

The business activities of the undertakings concerned are:

-for Axpo CKW France : an undertaking active in the energy sector, offering a wide range of services including supply of electricity to end-customer, energy consulting, installations, IT and telematics, security consulting assessment, fibre optic and telecommunication;

-for EDPR France : operation of on-shore wind farms in France;

-for the wind power companies: each operates an on-shore wind farm in France.

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(c) of

1OJ L 24, 29.1.2004, p. 1 ("the Merger Regulation").

2Publication in the Official Journal of the European Union No C 12, 16.01.2014, p.3.

3the 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 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

3OJ C 366, 14.12.2013, p. 5.

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