# C_2008242EN.01002501.xml

| 23.9.2008 | EN | Official Journal of the European Union | C 242/25 |
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23.9.2008

EN

Official Journal of the European Union

C 242/25

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Prior notification of a concentration

(Case COMP/M.5312 — Dow/PIC/JV)

Candidate case for simplified procedure

(Text with EEA relevance)

(2008/C 242/11)

| 1. | On 12 September 2008, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertakings The Dow Chemical Company (‘Dow’, United States) and Petrochemical Industries Company K.S.C. (‘PIC’, Kuwait), controlled by the Kuwait Petroleum Corporation (‘KPC’), acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of a newly created company constituting a joint venture (‘the JV’) by way of transfer of assets and purchase of shares. |
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1.

On 12 September 2008, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertakings The Dow Chemical Company (‘Dow’, United States) and Petrochemical Industries Company K.S.C. (‘PIC’, Kuwait), controlled by the Kuwait Petroleum Corporation (‘KPC’), acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of a newly created company constituting a joint venture (‘the JV’) by way of transfer of assets and purchase of shares.

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| 2. | The business activities of the undertakings concerned are:






  — | for Dow: plastics and chemicals, agricultural sciences, hydrocarbon and energy products and services, |
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2.

The business activities of the undertakings concerned are:

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for Dow: plastics and chemicals, agricultural sciences, hydrocarbon and energy products and services,

| — | for PIC: fertilisers and petrochemicals, |
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for PIC: fertilisers and petrochemicals,

| — | for KPC: State-owned entity responsible for Kuwait's hydrocarbon interests throughout the world, |
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for KPC: State-owned entity responsible for Kuwait's hydrocarbon interests throughout the world,

| — | for the JV: manufacture and marketing of polyethylene, polypropylene, polycarbonate, ethanolamines, ethyleneamines and ethylene glycol. |
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for the JV: manufacture and marketing of polyethylene, polypropylene, polycarbonate, ethanolamines, ethyleneamines and ethylene glycol.

| 3. | On preliminary examination, the Commission finds that the notified transaction could fall within the scope of Regulation (EC) No 139/2004. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice. |
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3.

On preliminary examination, the Commission finds that the notified transaction could fall within the scope of Regulation (EC) No 139/2004. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice.

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| 4. | The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.
  Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax ((32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.5312 — Dow/PIC/JV, to the following address:





  European Commission |
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| Directorate-General for Competition |
| Merger Registry |
| J-70 |
| B-1049 Bruxelles/Brussel |

4.

The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.

Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax ((32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.5312 — Dow/PIC/JV, to the following address:

European Commission

Directorate-General for Competition

Merger Registry

J-70

B-1049 Bruxelles/Brussel

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(1)  OJ L 24, 29.1.2004, p. 1.

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(2)  OJ C 56, 5.3.2005, p. 32.

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