97/469/EC: Commission Decision of 17 July 1996 in a proceeding pursuant to Council Regulation (EEC) No 4064/89 (Case No IV/M.737 - Ciba-Geigy/Sandoz) (Only the German text is authentic) (Text with EEA relevance)

• CELEX: Regulation (EEC) No 4064/89
• Articles: 3

Article 1

The notified merger between Ciba-Geigy AG and Sandoz AG is hereby declared compatible with the common market and with the functioning of the EEA Agreement, subject to the condition that the undertaking given by the parties and set out in point 275 is fulfilled.

Article 2

The parties shall report to the Commission in accordance with point 280 of this Decision.

Article 3

This Decision is addressed to:

1. Ciba-Geigy AG

CH-4002 Basel

2. Sandoz AG

CH-4002 Basel.

Done at Brussels, 17 July 1996

For the Commission

Karel VAN MIERT

Member of the Commission

(1) OJ No L 395, 30. 12. 1989, p. 1; corrigendum: OJ No L 257, 21. 9. 1990, p. 13.

(2) OJ No C 230, 29. 7. 1997.

(3) Omitted for reasons of business secrecy.

(4) These differences in cost reimbursements by social security systems still play a role even after the introduction of central European registration.

(5) Pre-sowing herbicides are applied to the soil immediately before the seed is sown. In pre-emergence treatment, the herbicides are applied immediately before germination, i.e. about eight days after sowing. Post-emergence herbicides are applied to the soil or the plants after germination (see OJ No L 272, 4. 11. 1993, p. 30).

(6) OJ No L 230, 19. 8. 1991, p. 1.

(7) Omitted for reasons of business secrecy and replaced by a range for publication purposes.

(8) OJ No L 214, 24. 8. 1993, p. 1.

(9) These are the affected national markets identified by the parties at the level of the overall SAE market.

(10) The Commission acknowledges that the data provided by the parties also contained an example where an adulticide produced by Mallinckrodt, namely Pulvex, in the Netherlands had an index of 262. However, this may be a niche product or related to Mallinckrodt's market positioning more generally.

(11) Market size in ECU millions.

(12) The parties have also identified a sixth, Triflumuron owned by Bayer. However, Bayer would seem to prefer its licensed alternatives Pyriproxyfene and Methoprene to its own product.

(13) The only other supplier worldwide of which the Commission is aware is the Tianjin Institute of Pesticides in China. This supplier was not mentioned by the companies as a possible source and must in any event be considered as likely to suffer from the same handicaps as the two potential Hungarian suppliers.