Commission Decision of 11/09/2018 declaring a concentration to be compatible with the common market (Case No COMP/M.9074 - TOTAL S.A. / PONT SUR SAMBRE AND TOUL POWER) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

What Commission Decision of 11/09/2018 declaring a concentration to be compatible with the common market (Case No COMP/M.9074 - TOTAL S.A. / PONT SUR SAMBRE AND TOUL POWER) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic) requires

On 20 August 2018, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by which Total S.A. ('Total', France) acquires, within the meaning of Article 3(1)(b) of the Merger Regulation, sole control of the whole of Pont Sur Sambre Power SAS ('PSS Power', France), indirectly controlled by KKR & Co. Inc. ('KKR', USA) and Toul Power SAS ('Toul Power', France), indirectly controlled by KKR & Co. Inc. ('KKR', USA) by way of purchase of shares. PSS Power operates one combined cycle gas turbine ('CCGT') power plant located in the north of France and is active in the electricity and gas sectors; Toul Power operates one CCGT power plant located in the north of France and is active in the electricity and gas sectors. After examination of the notification, the European Commission 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 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.

Pillar: Legal & IP Sovereignty · Authority: European Commission · Version: 1.0.0 · Last updated: 2018-09-11

Primary source: https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32018M9074

SHA-256 integrity: 20a86fba1a1342343ad48efd8bbd7f9dee2ec00dcfccd7365d5de2b23a19e395

Primary Citations — 8 traced to source

• Paragraph 1: 'On 20 August 2018, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by which Total S.A. ("Total", France) acquires, within the meaning of Article 3(1)(b) of the Merger Regulation, sole control of the whole of Pont Sur Sambre Power SAS ("PSS Power", France), indirectly controlled by KKR & Co. Inc. ("KKR", USA) and Toul Power SAS ("Toul Power", France), indirectly controlled by KKR & Co. Inc. ("KKR", USA) by way of purchase of shares.'
• Paragraph 2 (Total): 'Total is an international integrated energy producer, engaged in the oil and gas industry, the renewable energy and power generation sectors, the production, trading and supply of electricity, and the trading and supply of gas.'

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