Opinion of the Advisory Committee on Concentrations given at the 97th meeting on 25 June 2001 concerning a preliminary draft decision relating to Case COMP/M.2314 — BASF/Pantochim/Eurodiol (Text with EEA relevance)
Date: 2001-06-25
Institutions: Advisory Committee on Restrictive Practices and Dominant Positions
Subjects: European Commission, advisory committee (EU), chemical product, economic concentration, merger control

C 116/10

EN

Official Journal of the European Communities

17.5.2002

Opinion of the Advisory Committee on Concentrations given at the 97th meeting on 25 June
2001 concerning a preliminary draft decision relating to Case COMP/M.2314 — BASF/Pantochim/
Eurodiol

(2002/C 116/07)

(Text with EEA relevance)

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

2. The Advisory Committee agrees with the Commission's defi-

nition of the relevant product markets for:

(a) Phthalic anhydride (PA);

(b) Phthalates;

(c) Butanediol;

(d) Gamma-Butyrolacton (GBL);

(e) N-Methylpyrrolidon (NMP); and

(f) Tetrahydrofuran (THF).

(b) Phthalates;

on the geographic markets considered, as a result of which
competition within the common market and the func-
tioning of EEA Agreement would be significantly impeded.

5. The Advisory Committee agrees with the views of

the
Commission expressed in the draft decision that the concen-
tration will not create a single dominant position of BASF
neither
lead to the creation of a collective dominant
position of BASF and ISP on the markets for the supply
of BDO, on the geographic markets considered, as a result
of which competition within the common market and the
EEA would be significantly impeded.

6. The Advisory Committee agrees with the Commission that
the notified operation will cerate a single dominant position
on the markets for the supply of:

(a) Gamma-Butyrolacton (GBL);

(b) N-Methypyrrolidon (NMP); and

3. The Advisory Committee agrees with the Commission's defi-

nition of the relevant geographic market for:

(c) Tetrahydrofuran (THF);

(a) Phthalic anhydride (PA);

(b) Phthalates;

(c) Butanediol;

(d) Gamma-Butyrolacton (GBL);

(e) N-Methylpyrrolidon (NMP); and

(f) Tetrahydrofuran (THF).

on the geographic markets considered, as result of which
competition within the common market and the func-
tioning of EEA Agreement will be significantly impeded.

7. A majority of

the Advisory Committee agrees with the
Commission that, under the circumstances of the present
case, the conditions for application of the concept of the
‘failing company defence’ are met and the notified operation
can be declared compatible with the common market and
the functioning of the EEA Agreement.

A minority disagrees.

4. The Advisory Committee agrees with the views of

the
Commission expressed in the draft decision that the concen-
tration will not create competitions concerns on the
markets for the supply of:

(a) Phthalic anhydride(PA); and

8. The Advisory Committee asks the Commission to take
account of the other points raised during the discussion
of this case.

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