Article 4
This decision is addressed to: Deutsche Shell GmbH Suhrenkamp 71-77 D - 20355 Hamburg. RWE Aktiengesellschaft Opernplatz 1 D - 45128 Essen. Done at Brussels, 20 December 2001. For the Commission Mario Monti Member of the Commission (1) OJ L 395, 30.12.1989, p. 1, corrected version OJ L 257, 21.9.1990, p. 13. (2) OJ L 180, 9.7.1997, p. 1. (3) OJ C ... (4) OJ C ... (5) [...]* represents text omitted for confidentiality. (6) OJ C 66, 2.3.1998, p. 5. (7) Turnover calculated in accordance with Article 5 (1) of the Merger Regulation and the Commission notice on the calculation of turnover (OJ C 66, 2.3.1998, p. 25). To the extent that figures include turnover for the period before 1 January 1999, they are calculated on the basis of average ECU exchange rates and translated into EUR on a one-for-one basis. (8) See Cases COMP/M.1628 - Totalfina/Elf, OJ L 143, 29.5.2001, p. 1; COMP/M.2345 - BP/Erdölchemie, 26.4.2001; IV/M.361 - Nesté/Statoil, 17.2.1994; IV/M.550 - Union Carbide/Enichem, 13.3.1995. (9) Cases COMP/M.1628 - Totalfina/Elf, IV/M.361 - Nesté/Statoil, IV/M.550 - Union Carbide/Enichem. In case M.2092 - Repsol Chimica/Borealis (19.12.2000), the Commission left open whether the relevant market was local or wider, but in the area at question (the Iberian peninsula) there were no ethylene pipelines. The geographic scope of the ethylene market was also left open in COMP/M.2345 - BP/Erdölchemie. (10) See Case IV/M.361 - Nesté/Statoil, 17.2.1994. (11) Although DEA was, to a limited degree, active in downstream ethylene derivatives production until early 2001, their entire production on the ARG was available to the merchant market. DEA's downstream activities were mainly located off the ARG at Heide/Brunsbüttel and thus were not supplied via the ARG. (12) See Case COMP/M.1751 - Shell/BASF/JV Project Nicole, 29.3.2001. (13) See, for example, Case IV/M.1383 - Exxon/Mobil, 29.9.1999. (14) The pipeline is actually owned by Ruhr Oel GmbH (ROG), a 50:50 joint venture between Veba and the Venezuelan oil company PdVSA. [...]*. (15) The others are owned by Exxon, FAO (a 65:35 JV between Atofina and Exxon), BASF and Dow. (16) See Case COMP/M.1671 - DOW Chemical/Union Carbide, OJ L 245, 14.09.2001, pp. 1 to 25. (17) Case COMP/M.2299 - BP Chemicals/Solvay/HDPE JV, 29.10.2001. (18) I.e. the published contract price for the third quarter. (19) Third parties [...]* can obtain [...]* discounts from these figures. [...]*. (20) The Port Authority of Rotterdam is currently building a pipeline link from Rotterdam to the ARG on the basis of Shell's Moerdijk pipeline, see the Article "Investing in pipelines" in ACN/CMR/ECN, Port of Rotterdam supplement, September 2001, pp. 21 and 22. (21) The difference to the Commission's findings in the Statement of Objections with regard to the players on the market and their market shares relates to apparently different interpretations in relation to the term "TDI-grade toluene". Whereas several toluene suppliers initially indicated that they are not active in "TDI-grade toluene", further investigation revealed that they either currently sell toluene to TDI producers for TDI-production, or that they did so in the past and their toluene produced today is still of a purity which would suit TDI-producers. (22) Redestillationsgemeinschaft is a joint venture of Thyssen KruppStahl, RAG AG, EBV AG, Rüttgers AG, Salzgitter AG and Hüttenwerke Krupp Mannesmann GmbH. (23) See the Commission Notice on remedies acceptable under Council Regulation (EEC) No 4064/89 and under Commission Regulation (EC) No 447/98, OJ C 68, 2.3.2001, p. 3.