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Case No COMP/M.2789 - RWE POWER / LUCCHINI / ELETTRA GLL JV

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REGULATION (EEC) No 4064/89 MERGER PROCEDURE

Article 6(1)(b) NON-OPPOSITION Date: 26/04/2002

Also available in the CELEX database Document No 302M2789

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

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 26/04/2002

SG (2002) D/229615

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.2789 - RWE POWER/LUCCHINI/ELETTRA GLL JV Notification of 27/03/2002 pursuant to Article 4 of Council Regulation (EEC) No. 4064/891 Publication in the Official Journal of the European Communities No. C 88, 12 April 2002, page 27

1.On 27/03/2002, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EEC) No. 4064/89 by which the undertakings RWE Power AG (ìRWE Powerî), Germany, belonging to the group RWE and Lucchini S.p.A. (ìLucchiniî), Italy, acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of the Italian undertaking Elettra GLL S.p.A. (ìElettra GLLî) by way of purchase of shares. Prior the transaction, Elettra GLL was solely controlled by Lucchini.

The business activities of the undertakings concerned are :

-- for undertaking RWE Power : Generation of electricity.

-- for undertaking Lucchini : Various activities in the steel sector; generation of electricity through Elettra GLL.

-- for undertaking Elettra GLL : Generation of electricity.

1OJ L 395, 30.12.1989 p. 1; corrected version OJ L 257 of 21.9.1990, p. 13, as last amended by Regulation (EC) No 1310/97, OJ L 180, 9.7.1997, p. 1, corrigendum in OJ L 40, 13.2.1998, p. 17.

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

2.After examination of the notification, the Commission has concluded that the notified operation falls within the scope of Council Regulation (EEC) No 4064/89 and of paragraph 4, subparagraph c, of the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EEC) No 4064/89 .

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 (EEC) No 4064/89.

For the Commission Mario MONTI Member of the Commission

2OJ C 217, 29.07.2000, p. 32.

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