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: 28/11/2022

In electronic form on the EUR-Lex website under document number 32022M10943

EUROPEAN COMMISSION

Brussels, 28.11.2022 C(2022) 8863 final

PUBLIC VERSION

CVC Capital Partners SICAV-FIS S.A. 20 Avenue Monterey L-2163 Luxembourg Luxembourg

Enel Grids s.r.l. Via Ombrone 2 00198 Rome Italy

Dear Sir or Madam,

1.On 3 November 2022, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation, by which Enel S.p.A. (“Enel”, Italy) and CVC Capital Partners SICAV-FIS S.A. (“CVC Capital Partners”, Luxembourg) will acquire within the meaning of Articles 3(1)(b) and 3(4) of the Merger Regulation joint control of Gridspertise S.r.l. (“Gridspertise”, Italy), currently controlled by Enel.

The business activities of the undertakings concerned are the following:

-- Enel: an integrated global player active in electricity generation and gas distribution and supply,

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 433, 15.11.2022, p. 56.

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.

- CVC Capital Partners: a provider of advice to and management of investment funds with interests in a number of companies active in a variety of industries around the world,

- Gridspertise: a supplier of smart grid equipment for distributor system operators and grid users.

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.

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.

2