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: 11/03/2022

In electronic form on the EUR-Lex website under document number 32022M10600

EUROPEAN COMMISSION

Brussels, 11.03.2022 C(2022) 1596 final

PUBLIC VERSION

EDF International SAS Tour EDF 20, Place de la Défense 92800 Puteaux France

Abu Dhabi Future Energy Ccompany - PJSC – Masdar PO Box 54115, Opposite Presidential Flight Masdar City, Abu Dhabi United Arab Emirates

Dear Sir or Madam,

1.On 17 February 2022, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation, by which an existing non full-function joint venture Emerge Limited (the “JV” or “Emerge”, United Arab Emirates), jointly controlled by EDF International (“EDFI”, France), a wholly-owned subsidiary of Electricité de France SA (“EDF”, France), and by Abu Dhabi Future Energy Company PJSC - Masdar (“Masdar”, United Arab Emirates), a wholly-owned subsidiary of Mubadala Investment Company PJSC (“Mubadala”, United Arab Emirates), will be transformed into a full-function joint venture performing on a lasting basis all the functions of an autonomous economic entity within the meaning of Article 3(4) of the Merger Regulation, by way of contract or any other means.

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 89, 25.2.2022, 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.

2.The business activities of the undertakings concerned are:

- EDF: the generation, transmission, distribution, supply, and trading of energy in France and internationally,

- Masdar: a renewable energy and sustainability company that advances solutions in energy, water, urban development and clean technologies in the United Arab Emirates and around the world.

3.The business activities of Emerge relate to the operation of building energy efficiency, on-site solar power generation and public street lighting projects in the United Arab Emirates, and the Kingdom of Saudi Arabia.

4.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.

5.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.

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