Official Journal of the European Union

C 46/32

Prior notification of a concentration

(Case COMP/M.4103 — EnBW/SWD)

Candidate case for simplified procedure

(2006/C 46/08)

(Text with EEA relevance)


On 17 February 2006, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking EnBW Energie Baden-Württemberg AG (‘EnBW’, Germany) acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the undertaking Stadtwerke Düsseldorf AG (‘SWD’, Germany) by way of purchase of shares.


The business activities of the undertakings concerned are:

for EnBW: energy- and water supply, environmental services, as well as the manufacturing and distribution of the corresponding technical equipment and installations and the respective services;

for SWD: power generation and distribution, gas, district heating and water supply, waste disposal and management, city cleaning.


On preliminary examination, the Commission finds that the notified transaction could fall within the scope of Regulation (EC) No 139/2004. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice.


The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.

Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (No (32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.4103 — EnBW/SWD, to the following address:

European Commission

Competition DG

Merger Registry


B-1049 Brussels

(1)  OJ L 24, 29.1.2004, p. 1.

(2)  OJ C 56, 5.3.2005, p. 32.