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: 16/12/2022

In electronic form on the EUR-Lex website under document number 32022M10951

EUROPEAN COMMISSION

Brussels, 16.12.2022 C(2022) 9769 final

PUBLIC VERSION

German Federal Ministry of Finance WilhelmstraBe 97 10117 Berlin Germany

Dear Sir or Madam,

1.On 11 November 2022, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation, by which the Federal Republic of Germany, represented by the German Federal Ministry of Finance (“BMF”, Germany), will acquire within the meaning of Article 3(1)(b) of the Merger Regulation sole control over the whole of Uniper SE (“Uniper” Germany), by way of purchase of shares.

The business activities of the undertakings concerned are the following:

 BMF generates revenues mainly through the Kreditanstalt für Wiederaufbau (“KfW”), a national promotional bank, which promotes sustainable improvement of economic, environmental and social conditions around the world, with an emphasis on the German economy. BMF has currently no activities in the energy markets,

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 442, 22.11.2022, p. 15.

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.

 Uniper is an energy group headquartered in Germany, which is globally active in the physical trading of natural gas and coal, as well as the generation of electricity.

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(b) 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

OJ C 366, 14.12.2013, p. 5.

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