EN

Case No COMP/M.3849 - IPR / MITSUI / CALPINE UK

Only the English text is available and authentic.

REGULATION (EC) No 139/2004 MERGER PROCEDURE

Article 6(1)(b) NON-OPPOSITION Date: 07/07/2005

In electronic form on the EUR-Lex website under document number 32005M3849

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

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 07.07.2005

SG-Greffe(2005) D/202966

MERGER PROCEDURE ARTICLE 6(1)(b) DECISION

SIMPLIFIED PROCEDURE

PUBLIC VERSION

To the notifying party

Dear Madam(s) and/or Sir(s),

Subject: Case No. COMP/M.3849 ñ IPR/ Mitsui/ Calpine UK Notification of 03.06.2005 pursuant to Article 4 of Council Regulation (EC) No. 139/2004 Publication in the Official Journal of the European Union No. C 142, 11/06/2005, page 49.

1.On 03.06.2005, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No. 139/2004 by which the undertaking IPM Eagle LLP (ìEagleî, UK), jointly controlled by International Power plc (ìIPRî, UK) and Mitsui & Co., Ltd. (ìMitsuiî, Japan), acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of the undertaking Saltend Cogeneration Company Limited and Calpine UK Operations Limited (ìTarget Companiesî, UK) by way of purchase of shares.The business activities of the undertakings concerned are:

-- for Eagle : generation of electricity;

-- for Target Companies : generation of electricity in the UK.

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.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) No. 139/2004.

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) Neelie KROES Member of the Commission

2OJ C 56, 05.3.2005 p.32

2