EUROPEAN COMMISSION

DG Competition

Only the English text is available and authentic.

REGULATION (EC) No 139/2004 MERGER PROCEDURE

Article 6(1)(b) NON-OPPOSITION Date: 06/09/2021

In electronic form on the EUR-Lex website under document number 32021M10377

EUROPEAN COMMISSION

Brussels, 6.9.2021 C(2021) 6631 final

PUBLIC VERSION

RAG-Stiftung Im Welterbe 10 45141 Essen Germany

Open Grid Europe GmbH Kallenbergstraße 5 45141 Essen Germany

Dear Sir or Madam,

1.On 12 August 2021, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by which the undertakings RAG Stiftung (‘RAGS’, Germany) and Open Grid Europe GmbH (‘OGE’, Germany), which is controlled by Vier Gas Holdings S.à.r.l. (Luxembourg), acquire within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control over the whole of the undertaking H2UB GmbH (‘H2UB’, Germany) by way of purchase of shares.

The business activities of the undertakings concerned are:

−− for RAGS: active worldwide in financing the perpetual obligations left behind by the German hard coal industry and acquisition and management of direct or indirect interests in entities in accordance with this goal, including shareholdings in the speciality chemicals company Evonik Industries AG and in the housing provider Vivawest GmbH,

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 334, 20.8.2021, p. 22-23.

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.

−− for OGE: primarily active in Germany, amongst others in the operation of a natural gas pipeline network in Germany, as well as in consulting services concerning a transformation to hydrogen usage via its jointly-controlled subsidiary evety GmbH,

−− for H2UB: will be primarily active in Germany in management consulting services for start-ups in the hydrogen industry and organization and management of hydrogen related business events.

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(a) & 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) Olivier GUERSENT Director-General

4OJ C 366, 14.12.2013, p. 5.