Friday, 16 December 2022 00:00

Decision 802/2022

Clearance decision on the notified concentration under ref. no 8428/19.09.2022, pursuant to articles 5-10 of L. 3959/2011, concerning the acquisition by “MYTILINEOS S.A.” of sole control over the entire share capital of “WATT AND VOLT EXPLOITATION OF ALTERNATIVE FORMS OF ENERGY S.A.”

Decision 802/2022

File (PDF) Decision 802/2022
Date of Issuance of Decision December 16th, 2022
Issue Number of Government Bulletin                                   Publication pending
Relevant Market     

Relevant Market Electricity retail market
Electricity generation and wholesale market, including imports through international interconnections
Electricity trading
Natural gas retail market
Natural gas wholesale market
Market for aggregators representing RES producers
Market for electric vehicle charging services

Subject of the Decision Clearance decision on the notified concentration under ref. no 8428/19.09.2022, pursuant to articles 5-10 of L. 3959/2011, concerning the acquisition by “MYTILINEOS S.A.” of sole control over the entire share capital of “WATT AND VOLT EXPLOITATION OF ALTERNATIVE FORMS OF ENERGY S.A.”
Legal Framework

Article 6 of Law 3959/2011

Operative part of the Decision The the Hellenic Competition Commission (HCC), in Chamber unanimously approved, pursuant to Art. 8(3) of Greek Law 3959/2011, the notified concentration (under ref. no 8428/19.09.2022) concerning the acquisition by the company under the name “MYTILINEOS S.A.” of the entire share capital of the company under the name “WATT AND VOLT EXPLOITATION OF ALTERNATIVE FORMS OF ENERGY S.A.”, as this concentration, although falling within the scope of article 6(1) of the Greek Law 3959/2011, as in force, does not raise serious concerns as to its compatibility with competition rules in the individual markets concerned.
Company(ies) concerned 1. MYTILINEOS S.A.
2. WATT AND VOLT EXPLOITATION OF ALTERNATIVE FORMS OF ENERGY S.A.
Summary of Decision

The above concentration will bring about a change in the control of WATT AND VOLT, as MYTILINEOS will acquire sole control over the target company.
MYTILINEOS S.A. is mainly active in the sectors for metallurgy, sustainable development projects, renewable energy projects and energy storage, as well as in the electricity and natural gas sectors. WATT AND VOLT operates in the electricity wholesale and retail markets and in the natural gas retail market, however, with a main presence only in the electricity retail market. Furthermore, WATT AND VOLT is a new entrant in the sector for electric vehicle charging, while it holds an aggregator license to represent RES producers. Therefore, the concentration concerns the wider electricity industry in Greece.
In this transaction, the relevant geographic market is considered to be the Greek territory in relation to all relevant markets concerned thereby.
The concentration has, in principle, a horizontal dimension (mainly affecting the retail sub-market for medium-voltage electricity supply and the service market of publicly accessible infrastructure for electric vehicle charging) as the parties to the concentration are active in these markets and the combined market share is above the 15% threshold, albeit without raising serious concerns as to its compatibility with competition requirements in the above markets.
The concentration will not bring about any change in the structure of the aforementioned relevant markets, as it will not eliminate any substantial and active competitive pressure. Therefore, it is not expected to affect the level of competition in the relevant markets concerned and does not raise concerns as to its compatibility with competition requirements in these markets.

Judicial Means -
Decisions by the Court of Appeal of Athens (Administrative Division) -

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