# C_2004149EN.01000301.xml

| 4.6.2004 | EN | Official Journal of the European Union | C 149/3 |
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4.6.2004

EN

Official Journal of the European Union

C 149/3

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Prior notification of a concentration

(Case No. COMP/M.3468- DOW / PIC / PLANET JV)

Candidate case for simplified procedure

(2004/C 149/03)

(Text with EEA relevance)

| 1. | On 27.05.2004, 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 Dow Chemical Company (‘Dow’, U.S.) and Petrochemical Industries Company K.S.C. (‘PIC’, Kuwait) belonging to Kuwait Petroleum Corporation (‘KPC’, Kuwait) acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of the undertaking Planet b.v. (the ‘Planet JV’), by way of contribution of assets and purchase of shares in a newly created company constituting a joint venture. |
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1.

On 27.05.2004, 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 Dow Chemical Company (‘Dow’, U.S.) and Petrochemical Industries Company K.S.C. (‘PIC’, Kuwait) belonging to Kuwait Petroleum Corporation (‘KPC’, Kuwait) acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of the undertaking Planet b.v. (the ‘Planet JV’), by way of contribution of assets and purchase of shares in a newly created company constituting a joint venture.

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






  — | for undertaking Dow: plastics, chemicals, and energy; |
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2.

The business activities of the undertakings concerned are:

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for undertaking Dow: plastics, chemicals, and energy;

| — | for undertaking PIC: intermediate chemicals; |
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for undertaking PIC: intermediate chemicals;

| — | for undertaking KPC: energy; |
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for undertaking KPC: energy;

| — | for undertaking Planet JV: manufacture and sale of PET resins. |
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for undertaking Planet JV: manufacture and sale of PET resins.

| 3. | On preliminary examination, the Commission finds that the notified concentration 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 (EEC) No 4064/89 (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 concentration 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 (EEC) No 4064/89 (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 (fax no. +32/2/2964301 or 2967244) or by post, under reference number COMP/M.3468- DOW / PIC / PLANET 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 (fax no. +32/2/2964301 or 2967244) or by post, under reference number COMP/M.3468- DOW / PIC / PLANET 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 217, 29.7.2000, p. 32; Council Regulation (EEC) No 4064/89 has been replaced by Council Regulation (EC) No 139/2004.

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