L 133/24 Official Journal of the European Union 25.5.2007 II (Acts adopted under the EC Treaty/Euratom Treaty whose publication is not obligatory) DECISIONS COMMISSION COMMISSION DECISION of 14 March 2006 declaring a concentration compatible with the common market and the functioning of the EEA Agreement (Case COMP/M.3868 — DONG Elsam/Energi E2) (notified under document number C(2006) 793) (Only the English text is authentic) (Text with EEA relevance) (2007/353(EC) On 14 March 2006 the Commission adopted a Decision in a merger case under Council Regulation (EC) No 139/2004 of 20 January 2004 on the control of concentrations between undertakings (the EC Merger Regulation) (1), and in particular Article 8(2) of that Regulation. A non-confidential version of the full Decision can be found in the authentic language of the case on the website of the Directorate- General for Competition, at the following address: http://ec.europa.eu/comm/competition/index_en.html I. SUMMARY This case concerns the acquisition of control by DONG of Elsam, Energi E2, KE and FE. DONG is the Danish state-owned gas incumbent. Elsam and Energi E2 (E2) are the Danish electricity generation incumbents in West Denmark (Elsam) and East Denmark (E2), respectively. KE and FE are the electricity retail incumbents in the Copenhagen area. The Decision concludes that the transaction leads to a significant impediment of effective competition, in particular through the strengthening of dominant positions on the following markets — supply of wholesale gas for Denmark (and potentially also for Sweden), () O] L 24, 29.1.2004, p. 1. — gas storage or gas flexibility (irrespective of whether only for Denmark or also for Sweden), — supply of gas to large business customers and decentral CHPs, as 1 or 2 markets, in Denmark, — supply of gas to small business customers and/or households, as 1 or 2 markets, in Denmark. The Decision concludes that the Commitments proposed by the parties sufficiently remedy the competition problems identified. As regards the storage/flexibility market, the main effect of the proposed Commitments emanates from the divestiture of the storage facility in Lille Torup, which will have a positive impact on compe- tition with respect to storage/flexibility in Denmark. As regards the gas wholesale and gas retail markets, the Decision concludes that the gas release programme offered by DONG, in combination with the storage divestiture, is sufficient to remove all competition concerns identified by the Commission as relating to these markets.