# Commission Decision of 9 December 2004 declaring a concentration incompatible with the common market pursuant to Article 8(3) of the Council Regulation (EEC) No 4064/89 (Merger Regulation (ECMR)) (Case No COMP/M.3440 — EDP/ENI/GDP) (notified under document number C(2004) 4715) (Only the English version is authentic) (Text with EEA relevance) (2005/801/EC), Division (62): The parties have submitted commitments on 28 October 2004 and an improved version on 17 November 2004. The 17 November 2004 commitments are summarised below, using the parties’ numbering:

Extent: E+W+S+N.I.

EDP.1 Reduction of EDP’s shares in REN from 30 % to 5 %
EDP.2 Divestment of EDP’s shares in Tejo Energia
EDP.3 Moratorium concerning the construction of new CCGTs subject to a review clause
EDP.4 Lease of TER production capacity equivalent to one unit subject to a review clause
EDP.5 Suspension of some of EDP’s voting rights in Turbogás and appointment of independent board members in Turbogás
ENI.II Sale of the Sines LNG terminal to REN
ENI.III Sale of the Carriço underground storage to REN
ENI.IV Anticipated sale of the gas high-pressure network to REN
ENI.V Guarantees for access to the network pending sale of the network to REN
ENI.VI Release to REN of the capacity at the Campo Maior entry point currently booked and unused by Transgás
ENI.VII Commitment not to book further capacity at the Campo Maior entry point
ENI.VIII Commitment not to book further capacity on the Extremadura pipeline
ENI.IX Commitment to make capacity available on the Extremadura pipeline and/or at the Campo Maior entry point under certain conditions
ENI.X Elimination of GDP’s right of first refusal, based on ‘matching the best offer mechanism’.
ENI.XI measures aimed at eliminating concerns related to possible privileged access to price information
ENI.XII Measures aimed at ensuring scope for the effective liberalisation of the demand represented by LICs
ENI.XIII Commitment not to engage in dual offers of natural gas and electricity to LICs and retail customers in Portugal until the natural gas supply to such customer groups is liberalized
ENI.XIV Sale of the LDC Setgás.

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Source: https://www.legislation.gov.uk/eudn/2005/801/division/5/1 (the official version)
Page: https://openlegislation.uk/eu-decision-2005-801/division-5/1
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.