Opinion of the Advisory Committee on Concentrations given at the 68th meeting on 15 September 1999 concerning a preliminary draft decision relating to case IV/M.1383 — Exxon/Mobil (Text with EEA relevance)
Date: 1999-09-15
Institutions: Advisory Committee on Restrictive Practices and Dominant Positions
Subjects: advisory committee (EU), chemical industry, economic concentration, electrical energy, mining industry, oil industry, opinion

28.4.2004

EN

Official Journal of the European Union

C 102/29

the Advisory Committee on Concentrations given at

the 68th meeting on
Opinion of
15 September 1999 concerning a preliminary draft decision relating to case IV/M.1383 —
Exxon/Mobil

(2004/C 102/11)

(Text with EEA relevance)

(Commission Decision 2004/284/EC — OJ L 103, 7.4.2004)

1. The Advisory Committee agrees with the Commission that the notified operation

(a) constitutes a concentration within the meaning of Article 3(1)(a) of the Merger Regulation, and

(b) has a Community Dimension as defined by Article 1(2) of that Regulation.

2. The Advisory Committee agrees with the Commission that, as the concentration does not give rise to

the creation or strengthening of a dominant position in the markets for

(a) exploration, development, production and sale of crude oil and natural gas,

(b) ‘Gas to Liquid’ and

(c) chemical additives and lubricants (excluding aviation lubricants),

it is not necessary to defule the precise scope of the relevant markets in these areas.

3. A majority of the Advisory Committee agrees with the Commission that the relevant product markets

are:

(a)

the wholesale transmission of natural gas;

(b) the long-distance wholesale transmission of natural gas;

(c) underground storage facilities for natural gas;

(d) Group I base oils;

(e) aviation lubricants;

(f) motor fuel retailing;

(g) motor fuel retailing on motorways; and

(h) aviation fuels.

A minority considers that a distinction needs to be made between LCV and HCV gas on the long-
distance wholesale transmission market.

4. A majority of the Advisory Committee agrees with the Commission that the relevant geographic

markets in respect of the product markets listed at 3 above are:

(a)

the Netherlands for the wholesale transmission of natural gas;

(b) Germany (national or regional) for the long-distance wholesale transmission of natural gas;

(c)

the South of Germany for underground storage facilities for natural gas;

(d) the EEA in respect of Group I base oils;

(e) world-wide for aviation lubricants;

(f) Austria, Germany, Luxembourg, Netherlands and UK for motor fuel retailing;

(g) France for motor fuel retailing on motorways; and

(h) Gatwick Airport for aviation fuels.

A minority considers that, with regard to (f) and (g), the markets are narrower than national.

C 102/30

EN

Official Journal of the European Union

28.4.2004

5. A majority of the Advisory Committee agrees with the Commission that the notified operation would
give rise to the creation or strengthening of a dominant position in each of the markets listed at 4
above. A minority abstains.

6. A majority of the Advisory Committee agrees with the Commission that, subject to market testing, the
adjustments required by the Commission and a more detailed understanding of the commitments now
proposed, these commitments will remove the competition concerns of the notified concentration in
each of the markets listed at 4. A minority considers that it was not in a position to give an opinion.

7. A majority of the Advisory Committee agrees with the Commission, subject to the caveats indicated at
6 above, that the concentration should be declared compatible with the common market and the
functioning of the EEA Agreement subject to full compliance with the commitments. A minority
considers that it was not in a position to give an opinion.

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

Union.

9. The Advisory Committee invites the Commission to take account of all the points raised in the

discussion.

Opinion of the Advisory Committee on Concentrations given at its 82nd meeting on 12 July 2000
concerning a preliminary draft decision relating to case COMP/M.1806 — Astra Zeneca/Novartis

(2004/C 102/12)

(Text with EEA relevance)

(Commission Decision 2004/310/EC — OJ L 110, 16.4.2004)

The Advisory Committee agrees with the Commission that the notified operation constitutes a concen-
tration within the meaning of Art 3(1)a of the Merger Regulation.

The Advisory Committee agrees with the Commission that the notified operation has a Community
dimension as defined in Art 1(2) of the Merger Regulation.

The Advisory Committee agrees with the Commission's definition of
contained in the Draft Decision.

the relevant product markets

The Advisory Committee agrees with the Commission's definition of the relevant geographic markets
contained in the Draft Decision.

The Advisory Committee shares the Commission's view that the concentration as initially notified would
have created or strengthened a dominant position on the markets listed in the Draft Decision.

The Advisory Committee shares the Commission's view that the commitments submitted by the parties are
sufficient to remove competition concerns.

The Advisory Committee therefore agrees that the operation should be declared compatible with the
common market and the functioning of the EEA-Agreement.

1. The Advisory Committee recommends the publication of its opinion in the Official

Journal of

the

European Union.

2. The Commission takes into account the remarks and comments made by the Advisory Committee.