EN

Case No COMP/M.3350 - NORSK HYDRO / WINGAS / HYDROWINGAS JV

Only the English text is available and authentic.

REGULATION (EEC) No 4064/89 MERGER PROCEDURE

Article 6(1)(b) NON-OPPOSITION Date: 02/02/2004

Also available in the CELEX database Document No 304M3350

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

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 02/02/2004

SG-Greffe(2004) D/200360/61

MERGER PROCEDURE ARTICLE 6(1)(b) DECISION

SIMPLIFIED PROCEDURE

PUBLIC VERSION

To the notifying parties via their legal representative

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

1.On 22.12.2003, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EEC) No. 4064/89 by which Norsk Hydro UK Ltd. (UK), ultimately controlled by Norsk Hydro ASA (ìNorsk Hydroî, Norway) and WINGAS GmbH (ìWINGASî, Germany) acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of the undertaking HydroWingas Ltd (ìHydroWingasî, UK) by way of purchase of shares in a newly created company constituting a joint venture.

The business activities of the undertakings concerned are:

1OJ L 395, 30.12.1989 p. 1; corrigendum: OJ L 257, 21.9.1990, p. 13.

2OJ L 180, 9. 7. 1997, p. 1; corrigendum 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.

-- for undertaking Norsk Hydro: aluminium, agriculture, oil, gas, energy production, chemicals and petrochemicals;

-- for undertaking WINGAS: transportation, storage and sale of natural gas;

-- for HydroWingas: supply and trading of natural gas.

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.(c) of the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EEC) No 4064/89.

3.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, signed Member of the Commission

3OJ C 217, 29.07.2000, p. 32.

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