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REGULATION (EC) No 139/2004 MERGER PROCEDURE

Article 6(1)(b) NON-OPPOSITION Date: 28/06/2004

Also available in the CELEX database Document No 304M3468

Office for Official Publications of the European Communities L-2985 Luxembourg

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 28/06/2004

SG-Greffe(2004) D/202533/4

PUBLIC VERSION

MERGER PROCEDURE ARTICLE 6(1)(b) DECISION

SIMPLIFIED PROCEDURE

To the notifying parties

Dear Madam(s) and/or Sir(s),

1.On 27.05.2004, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No. 139/2004 by which the undertakings Dow Chemical Company (ìDowî, U.S.) and Petrochemical Industries Company K.S.C. (ìPICî, Kuwait) belonging to Kuwait Petroleum Corporation (ìKPCî, Kuwait) acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of the undertaking Planet b.v. (the ìPlanet JVî), by way of contribution of assets and purchase of shares in a newly created company constituting a joint venture.

The business activities of the undertakings concerned are :

-- for undertaking Dow : plastics, chemicals, and energy;

-- for undertaking PIC: intermediate chemicals;

1OJ L 24, 29.1.2004 p. 1

Commission europÈenne, B-1049 Bruxelles / Europese Commissie, B-1049 Brussel - Belgium. Telephone: (32-2) 299 11 11.

-- for undertaking KPC: energy;

-- for undertaking Planet JV: manufacture and sale of PET resins.

3.After examination of the notification, the Commission has concluded that the notified operation falls within the scope of Council Regulation (EC) No. 139/2004 and of paragraph 4, subparagraph (c) of the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EEC) No 4064/89.

4.For the reasons set out in the Notice on a simplified procedure, the Commission has decided not to oppose the notified operation and to declare it compatible with the common market and with the EEA Agreement. This decision is adopted in application of Article 6(1)(b) of Council Regulation (EC) No. 139/2004.

For the Commission

Stavros Dimas Member of the Commission signed

2OJ C 217, 29.07.2000, p. 32; Council Regulation (EEC) No 4064/89 has been replaced by Council Regulation (EC) No 139/2004.

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