2004/105/EC: Commission Decision of 11 June 2003 on the compatibility of a merger with the common market and the EEA Agreement (Case COMP/M.3506 — Celanese/Degussa/JV (European Oxo-Chemicals)) (notified under document number C(2003) 1821) (Text with EEA relevance)

• Articles: 2

Article 1

The notified operation whereby Celanese AG and Degussa AG acquire joint control within the meaning of Article 3(1)(b) of Regulation (EEC) No 4064/89 over their joint venture European Oxo Chemicals GmbH is declared compatible with the common market and the EEA Agreement.

Article 2

This Decision is addressed to:

Celanese AG Frankfurter Straße 111 D - 61476 Kronberg im Taunus

Oxeno Olefinchemie GmbH Paul-Baumann-Straße 1 D - 45764 Marl.

Done at Brussels, 11 June 2003.

For the Commission

Mario Monti

Member of the Commission

(1) OJ L 395, 30.12.1989, p. 1; Corrigendum OJ L 257, 21.9.1990, p. 13.

(2) OJ L 180, 9.7.1997, p. 1.

(3) OJ C 36, 10.2.2004.

(4) OJ C 36, 10.2.2004.

(5) Parts of this text have been edited to ensure that confidential information is not disclosed; those parts are enclosed in square brackets and marked with an asterisk.

(6) OJ L 10, 14.1.1997, p. 13.

(7) This formula is based on the fact that 0,65 tonne to 0,70 tonne of propylene is needed to produce 1 tonne of butyric aldehyde.

(8) Only one large customer reported five suppliers. In all other cases, the number of suppliers was between one and three.

(9) Perstorp was purchased by Neste in 2002. Before this acquisition, it used to buy butyric aldehyde from various suppliers, among which Neste. After the acquisition, the company producing butyric aldehyde took the name of "Perstorp". Sales previously made to Perstorp are now internal sales.

(10) Case COMP/M.2314 BASF/Eurodiol/Pantochim, 11 July 2001, point 11.

(11) Case COMP/M.2314 BASF/Eurodiol/Pantochim, 11 July 2001, point 42.

(12) Case C-73/95 P [1996] ECR I-5457.

(13) In some cases, further intermediate stages are required.