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REGULATION (EEC) No 139/2004 MERGER PROCEDURE

Article 6(1)(b) NON-OPPOSITION Date: 07/10/2004

Also available in the CELEX database Document No 32004M3557

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

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 07.10.2004

SG-Greffe(2004) D/204427

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.3557 ñ IPR/MITSUI/MEC Notification of 3 September, 2004 pursuant to Article 4 of Council Regulation (EC) No. 139/2004

Publication in the Official Journal of the European Union No. C 227 of 11.09.2004, page 3

1.1. On 03.09.04, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No. 139/2004 by which International Power plc (ìIPRî, UK) and Mitsui & Co., Ltd. (ìMitsuiî, Japan) acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control over the international generation portfolio of Edison Mission Energy (ìEMEî, UK) by way of purchase of 100% of the issued share capital of MEC International BV (ìMEC,î NL), currently a wholly-owned EMEís subsidiary.

1OJ L 24, 29.1.2004 p. 1

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

2. The business activities of the undertakings concerned are:

-- for IPR: electricity generation in Europe, United States, Asia and Australia.

-- for Mitsui: trading company active in a commodity businesses worldwide, including inter alia power and energy-related products, iron & steel, non-ferrous metals, electronics.

-- for MEC: holding 13 electricity generation projects, five of which located in Europe (two in the UK, two in Italy and one in Spain).

2.3. 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(c) of the Commission Notice on a simplified procedure for treatment of certain

concentrations under Council Regulation (EC) No139/2004.

4. 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) Mario MONTI Member of the Commission

2Available on DG COMP website: http://europa.eu.int/comm/competition/mergers/legislation/consultation/simplified_tru.pdf.

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