1.   

On 18 September 2023, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1).

This notification concerns the following undertakings:

—	Hamburger Energiewerke GmbH (‘HEnW’, Germany), controlled by the Free and Hanseatic City of Hamburg through HGV Hamburger Gesellschaft für Vermögens- und Beteiligungsmanagement mbH (Germany),

—	ANE GmbH & Co. KG (‘ANE’), controlled by ARGE-Netz GmbH & Co. KG (both Germany).

HEnW will acquire within the meaning of Article 3(1)(b) of the Merger Regulation sole control of the whole of ANE.

The concentration is accomplished by way of purchase of shares.

2.   

The business activities of the undertakings concerned are the following:

—	HEnW operates as the energy supply company of the Free and Hanseatic City of Hamburg in the field of energy and heat supply, in particular the generation, procurement and sale of energies of all kinds,

—	ANE is active in the wholesale supply of energy, in particular of renewable energies, services for digitalization of energy generation and supply, operation of renewable virtual power plants, and related activities.

3.   

On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the Merger Regulation. However, the final decision on this point is reserved.

Pursuant to the Commission Notice on a simplified treatment for certain concentrations under Council Regulation (EC) No 139/2004 on the control of concentrations between undertakings (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice.

4.   

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. The following reference should always be specified:

M.11272 – HAMBURGER ENERGIEWERKE / ANE

Observations can be sent to the Commission by email or by post. Please use the contact details below:

Email: COMP-MERGER-REGISTRY@ec.europa.eu

Postal address:

European Commission

Directorate-General for Competition

Merger Registry

1049 Bruxelles/Brussel

BELGIQUE/BELGIË