The German Federal Cartel Office clears a merger in the utilities sector, subject to remedies requiring third party access to the parties’ gas networks, the disclosure of access prices and the option for industrial customers to terminate their supply contracts (EnBW / SSG)

The operation On 29 September 2000, EnBW Ostwürttemberg DonauRies AG (EnBW Donau) notified the German Federal Cartel Office (FCO) of its intent to acquire 25.1 % of the shares of Stadtwerke Schwäbisch Gmünd GmbH (SSG). At that time 99.3 % of the shares in EnBW Donau were held by EnBW Regional AG, which was a 100% affiliate of EnBW AG (EnBW). EnBW Donau supplies redistributors in the area of Schwäbisch Gmünd with gas. 70% of this gas is supplied by Gasversorgung Süddeutschland (GVS), which is linked to EnBW through Neckarwerke Stuttgart AG (NWS). NWS has a control agreement with EnBW and owns 33.4% of the shares in GVS. SSG supplies the area of Schwäbisch Gmünd with water and gas and - except for the districts of Strassburg and Rechberg

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Wolfgang Nothhelfer, The German Federal Cartel Office clears a merger in the utilities sector, subject to remedies requiring third party access to the parties’ gas networks, the disclosure of access prices and the option for industrial customers to terminate their supply contracts (EnBW / SSG), 26 January 2001, e-Competitions Bulletin Energy & Mergers, Art. N° 24341

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