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Case No COMP/M.7534 - EPH / E.ON ITALIA COAL AND GAS BUSINESS

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REGULATION (EC) No 139/2004 MERGER PROCEDURE

Article 6(1)(b) NON-OPPOSITION Date: 30/04/2015

In electronic form on the EUR-Lex website under document number 32015M7534

Office for Publications of the European Union L-2985 Luxembourg

EUROPEAN COMMISSION

Brussels, 30.4.2015 C(2015) 3091 final

PUBLIC VERSION

SIMPLIFIED MERGER PROCEDURE

To the notifying parties

Dear Sirs,

1.On 7 April 2015, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by which Energetický a průmyslový holding, a.s. ("EPH", Czech Republic), acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of E.ON Italia S.p.A.'s ("E.ON Italia", Italy) coal and gas business ("Target", Italy) by way of purchase of shares and assets.

The business activities of the undertakings concerned are:

-- for EPH: utility company engaged in coal extraction, electricity and heat production, distribution and supply as well as gas supply. It is mainly active in the Czech Republic, Slovakia, Germany, Poland, and the UK.

-- for Target: active in the generation and wholesale supply of electricity in Italy. The Target comprises the coal and gas business of E.ON Italia. The Transaction also includes the acquisition of Sunshine, a subsidiary of E.ON Italia carrying out activity in the biomass field related to the Fiume Santo Plant.

1OJ L 24, 29.1.2004, p. 1 (the "Merger Regulation"). With effect from 1 December 2009, the Treaty on the Functioning of the European Union ("TFEU") has introduced certain changes, such as the replacement of "Community" by "Union" and "common market" by "internal market". The terminology of the TFEU will be used throughout this decision.

2OJ L 1, 3.1.1994, p. 3 ("the EEA Agreement").

3Publication in the Official Journal of the European Union No C 122, 16.04.2015, p. 8.

Commission européenne, DG COMP MERGER REGISTRY, 1049 Bruxelles, BELGIQUE Europese Commissie, DG COMP MERGER REGISTRY, 1049 Brussel, BELGIË

Tel: +32 229-91111. Fax: +32 229-64301. E-mail: COMP-MERGER-REGISTRY@ec.europa.eu.

3.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 the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004.

4.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 and Article 57 of the EEA Agreement.

For the Commission

(Signed) Alexander ITALIANER Director-General

4OJ C 366, 14.12.2013, p. 5.

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