On 18 May 2009, the Competition Council cleared the change of control of Fluxys. This change of control resulted from the commitments offered by Suez in the context of the Suez/Gaz de France merger and consisted of the acquisition by Publigaz of exclusive control over Fluxys, by way of purchase of part of Suez-Tractebel's shares, and a modification of Fluxys' bylaws and shareholders agreement resulting in a modified composition of the Board of Directors. Further to the transaction, Publigaz would become the majority shareholder with 51.47% of the shares, while Suez-Tractebel retained a 38.50% minority shareholding.
The Council ruled that the transaction would not change the horizontal competitive structure of the Belgian gas infrastructure market, where Fluxys has a legal monopoly since 2006. Neither was the upstream gas supply market affected, as the newly controlling shareholder, Publigaz, did not have any stakes in the gas sector, having sold its stake in Distrigaz to ENI in March 2009. The Council also recalled that the sectoral regulation already in place prevents Fluxys from adopting anti-competitive conduct and that the change in control resulted from the commitments in the Suez/Gaz de France merger. As a result, the Council considered the transaction to be pro-competitive.