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Enron Mail |
Thanks for this clear update. Look forward to hearing outcome of Trustee's
receipt and review of previous correspondence. From: Bruno Gaillard/Enron@EUEnronXGate on 06/04/2001 11:15 AM GDT To: Pierre de Gaulle/LON/ECT@ECT cc: Ross Sankey/Enron@EUEnronXGate, Philip Davies/Enron@EUEnronXGate, Raphael Brun/LON/ECT@ECT, Simon Brod/LON/ECT@ECT, Peter Styles/LON/ECT@ECT, Nailia Dindarova/LON/ECT@ECT, Eric Shaw/ENRON@EUEnronXGate Subject: RE: FW: M.1853 EDF/EnBW - EDF VPP Trustee All I talked to the Trustee late Friday. They are reluctant and not intending to meet with anyone. The want to keep their independence although they did say that at this point the process has been one sided. They are, however, very interested in getting as much information as possible for us and others. We should provide them copies of all the letters that we have sent to the MTF, EdF, and PWC as they have not received any of that information as of yet. With that we should include a cover note and points on the PIM that we have not covered. When questioned on what their role was, they explained that it was to monitor the execution of EdF's responsibilities, set up the auction process and perform the auction. They must insure that the product offered by EDF is reasonably coherent with the conditions agreed to with the MTF, and finally they must insure transparency. On the possibilities to changes certain terms conditions in the decision. Their role is to ensure that the remedy as agreed is followed through (they have no power to ensure that the greater purpose of the remedy - i.e. promote competition is fulfilled). Thus any fundamental changes on conditions that were precisely stated in the remedy (i.e. noon notification and price level - stated in the confidential version of the decision) will unlikely be changed, on these issues we can give it a go, but I see very little probability for success. Other issues that have not been well defined such as the schedule, type of auction (SMP vs PAB) could possibly be influenced. Bruno -----Original Message----- From: de Gaulle, Pierre Sent: 03 June 2001 18:10 To: Gaillard, Bruno Cc: Sankey, Ross; Davies, Philip; Brun, Raphael; Brod, Simon; Styles, Peter; Dindarova, Nailia Subject: Re: FW: M.1853 EDF/EnBW - EDF VPP Trustee Bruno, Let's send before meeting with the Trustee a letter similar to EdF and PWC letters, but incorporating comments on the PIM. Let's prepare a draft tomorrow, that we will circulate within the group. Thanks Pierre From: Bruno Gaillard/Enron@EUEnronXGate on 01/06/2001 18:01 To: Pierre de Gaulle/LON/ECT@ECT, Ross Sankey/Enron@EUEnronXGate, Philip Davies/Enron@EUEnronXGate, Raphael Brun/LON/ECT@ECT, Simon Brod/LON/ECT@ECT cc: Peter Styles/LON/ECT@ECT, Nailia Dindarova/LON/ECT@ECT Subject: FW: M.1853 EDF/EnBW - EDF VPP Trustee FYI -----Original Message----- From: Nicole.Hacker@cec.eu.int [mailto:Nicole.Hacker@cec.eu.int] Sent: 01 June 2001 17:55 To: Gaillard, Bruno Cc: Dietrich.Kleeman@cec.eu.int; Gwenaelle.NOUET@cec.eu.int; Ulrich.Diez@cec.eu.int; Ana.Arana-Antelo@cec.eu.int; pbreen@dc.com Subject: M.1853 EDF/EnBW - EDF VPP Trustee Dear Mr. Gaillard, please find below the contact details for the EDF trustee of the VPP auctions: Patrick Breen Deloitte Consulting Stonecutter Court Stonecutter Street London EC4A 4TR Telephone: +44 207 3038703 e-mail: p.breen@dc.com Best regards, Nicole Hacker European Commission DG Competition Merger Task Force Phone: +32 2 299 93 91 Fax: +32 2 296 43 01 e-mail: nicole.hacker@cec.eu.int
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