Opinion

of the Advisory Committee on Concentrations given at the 73rd meeting on 24 January 2000 and continuing on 1 February 2000 concerning a preliminary draft decision relating to Case COMP/M.1628 - TotalFina/Elf

(2001/C 154/09)

(Text with EEA relevance)

1. The Advisory Committee agrees with the Commission that the notified operation constitutes a concentration within the meaning of Article 3(1)(b) of the EC Merger Regulation, and that the notified operation has a Community dimension as defined by Article 1(2) of the EC Merger Regulation.

2. The majority of the Advisory Committee agrees with the Commission that there are relevant product markets for:

(a) the wholesale supply of leaded petrol, unleaded petrol, diesel fuel, and domestic heating oil;

(b) the provision of storage capacity in import terminals connected to means of bulk transport;

(c) the transportation of refined petroleum products by pipeline;

(d) the sale of fuels on motorways;

(e) the sale of aviation fuels; and

(f) the sale of liquefied petroleum gas.

A minority disagrees with the Commission on point (d).

3. The majority of the Advisory Committee agrees with the Commission that the relevant geographic markets for:

(a) the wholesale supply of leaded and unleaded petrol, diesel fuel, and domestic heating oil are either regional or national, but that the exact geographic market definition can be left open;

(b) storage capacity in terminals connected to means of bulk transport is regional;

(c) the transportation of refined petroleum products by pipeline is regional;

(d) the sale of fuels on motorways is either regional or national, but that the exact geographic market definition can be left open;

(e) aviation fuels is each airport separately; and

(f) liquefied petroleum gas is national.

A minority disagrees with the Commission on points (d) and (f). Another minority abstains on point (e).

4. The majority of the Advisory Committee agrees with the Commission that the concentration leads to the creation of dominant position on:

(a) the French or the regional wholesale markets for the supply of leaded petrol, unleaded petrol, diesel fuel, and domestic heating oil;

(b) the regional markets for the provision of storage capacity in import terminals connected to means of bulk transport;

(c) the regional markets for the transportation of refined petroleum products by pipeline;

(d) the French or the regional market for the sale of fuels on motorways;

(e) the market for the aviation fuels on the Toulouse-Blagnac and Lyon-Satolas airports; and

(f) the French market for liquefied petroleum gas;

as a result of which, effective competition would be significantly impeded within the common market.

A minority abstains on point (e).

5. The Advisory Committee agrees with the Commission that the concentration does not create or strengthen dominant position on the markets for sulphur and ethylene.

6. The Advisory Committee agrees with the Commission's draft decision that the commitments proposed, as explained in the draft Decision, do not remove all the competitive concerns of the concentration identified in the draft Decision.

7. The Advisory Committee agrees with the Commission that:

(a) the submitted commitments, as explained by the Commission in the Advisory Committee meeting on 24 January and as adjusted according to results of "market testing" as explained by the Commission on 1 February, remove all the competitive concerns identified in 4 above; and

(b) subject to the full compliance of the submitted commitments, the notified operation is compatible with the common market and the functioning of the EEA Agreement.

8. The Advisory Committee recommends the publication of its opinion in the Official Journal of the European Communities.