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: 06/12/2022

In electronic form on the EUR-Lex website under document number 32022M10580

EUROPEAN COMMISSION

Brussels, 6.12.2022 C(2022) 9248 final

PUBLIC VERSION

Siemens Energy AG Otto-Hahn-Ring 6 81739 Munich Germany

Shanghai Electric Group Company, Ltd. No.110, Sichuanzhong Road 200336, Huangpu District, Shanghai People’s Republic of China

Dear Sir or Madam,

1.1. On 14 November 2022, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation, by which Siemens Energy AG (‘SE AG’, Germany) and Shanghai Electric Group Company Limited (‘SEC’, People’s Republic of China) will acquire within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control of Shanghai Electric Power Generation Equipment Co. Ltd (‘SEPG’, People’s Republic of China) by way of purchase of shares.

2. The business activities of the undertakings concerned are the following:

- SE AG is the ultimate controlling parent of Siemens Energy Group, which develops, manufactures and supplies products, solutions and services across the energy value chain including generation, transmission, and storage, as well as

1 OJ 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.

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

3 Publication in the Official Journal of the European Union No C 440, 21.11.2022, p. 22.

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.

- SEC is active in large energy and industrial equipment manufacturing and integration services, including thermal generator sets, nuclear power units, wind power equipment, power T&D equipment, environmental protection equipment, automation equipment, elevators, rail transit and industrial internet of things solutions,

- SEPG is a joint venture active in power generation equipment manufacturing, producing mainly large steam turbines for nuclear and fossil/coal-fired power plants in China.

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

4.4. 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

4 OJ C 366, 14.12.2013, p. 5.

2