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REGULATION (EEC) No 4064/89 MERGER PROCEDURE

Article 6(1)(b) NON-OPPOSITION Date: 21/05/2003

Also available in the CELEX database Document No 303M3114

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

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COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 21/05/2003

SG (2003) D/229852/229853

PUBLIC VERSION

MERGER PROCEDURE ARTICLE 6(1)(b) DECISION

SIMPLIFIED PROCEDURE

To the notifying parties

Dear Sirs,

Subject: Case No. COMP/M.3114 - UNION FENOSA/ENI/UNION FENOSA GAS Notification of 11 April 2003 pursuant to Article 4 of Council Regulation (EEC) No. 14064/89 Publication in the Official Journal of the European Communities No. C 100 of 26.4.2003, page 22.

1.On 11 April 2003, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EEC) No. 4064/89 by which the Italian undertaking ENI S.p.A.. (ENI) acquires within the meaning of Article 3(1)(b) of the Regulation joint control of the Spanish undertaking Unión Fenosa Gas S.A. (UF Gas), controlled by the Spanish undertaking Unión Fenosa S.A.(UF) by way of purchase of shares. Following the concentration UF Gas will be jointly controlled by ENI and by UF.

The business activities of the undertakings concerned are :

-- for ENI: exploration and production of oil and natural gas world-wide, generation of electricity in Italy;

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

-- for UF: generation and sale of electricity; activities related to the gas sector, telecommunications, engineering & information technology and management consulting;

-- for UF Gas: gas related activities.

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.

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, Signed Mario Monti Member of the Commission

2OJ C 217, 29.07.2000, p. 32.

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