94/359/EC: Commission Decision of 21 December 1993 declaring a concentration to be compatible with the common market (Case No IV/M.358 - Pilkington- Techint/SIV) Council Regulation (EEC) No 4064/89 (Text with EEA relevance)

Article 1

The proposed joint acquisition of Società Italiana Vetro SpA by Pilkington plc and Techint Finanziaria Srl is declared compatible with the common market.

Article 2

This Decision is addressed to:
Pilkington plc,
Prescot Road,
Saint Helens,
UK-Merseyside WA10 3TT;
Techint Finanziaria Srl,
Corso Venezia 48,
I-20121 Milan.
Done at Brussels, 21 December 1993.
For the Commission
Karel VAN MIERT
Member of the Commission
(1) OJ No L 395, 30. 12. 1989, p. 1; corrected version OJ No L 257, 21. 9. 11990, p. 13.
(2) OJ No C 173, 25. 6. 1994.
(3) Deleted as a business secret. The combined turnover of Pilkington, the San Faustin Group and SIV exceed ECU 5 000 million.
(4) The market shares presented by the parties are based on the production of raw float glass (a large part of which is processed internally by the float glass producers) and therefore include captive production.
(5) Exceeding 50 %.
(6) Imports have been obtained from the Comext data base.
(7) On the one hand, the calculation basis understates the market share of the above companies to the extent that it has not been possible to identify all relevant imports, e.g. imports by PPG and ASF (Asahi/Glaverbel) from the United States. On the other hand, strictly speaking, exports from the Community should be excluded. Nevertheless, the difference is not considered material to the assessment.
(8) On the grounds of confidentiality, market shares for other parties are indicated as a range.
(9) In the interests of business secrecy, market shares have been indicated as a range. (10) For technical reasons, there are different ways of calculating theoretical capacity utilization. In general, a factor to reflect lost output due to cold repairs, hot repairs, production mix changes (tint and thickness), quality/breakage losses on line (incl. edge and cutting loss), warehouse loss, has to be applied to the theoretical melt capacity.
(11) OJ No L 33, 4. 2. 1989, p. 44.
(12) Cases T-68/89 and T-78/89, SIV and Others v. Commission [1992] ECR II-1403.
(13) Decision of 22 February 1993 by First Division of the Federal Cartel Office.
(14) GERVP: Groupement Européen des Producteurs de Verre Plat (European Group of Flat-Glass Producers).
(15) On the basis of the GERVP figures, theoretical capacity utilization for the Community float glass producers was 100,5 % and 101,6 % in 1987 and 1988 respectively.
(16) In this context SIV is considered as a separate producer.
(17) OJ No C 111, 21. 4. 1993, p. 6.
(18) Deleted as a business secret. Between 25 and 50 %.
(19) Deleted as a business secret. Above 50 %.
(20) Deleted as a business secret. Less than 15 %.
(21) In the interests of business secrecy, market shares have been indicated as a range.
(22) Deleted as a business secret. Above 50 %
(23) Deleted as a business secret. Above 50 %.
(24) This is a subsidiary of the Heywood Williams Group.

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