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REGULATION (EC) No 139/2004 MERGER PROCEDURE

Article 6(1)(b) NON-OPPOSITION Date: 17/10/2008

In electronic form on the EUR-Lex website under document number 32008M5312

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

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 17/10/2008

SG-Greffe(2008) D/206338 C(2008) 6153

PUBLIC VERSION

MERGER PROCEDURE ARTICLE 6(1)(b) DECISION

SIMPLIFIED PROCEDURE

To the notifying parties

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

(1) On 12 September 2008, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 by which the undertakings The Dow Chemical Company (ëDowí, United States) and Petrochemical Industries Company K.S.C. of Kuwait (ëPICí), controlled by the Kuwait Petroleum Corporation (ëKPCí), acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of a newly created company constituting a joint venture (ëthe JVí) by way of transfer of assets and purchase of shares.

(2) The business activities of the undertakings concerned are:

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for Dow: plastics and chemicals, agricultural sciences, hydrocarbon and energy products and services,

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for PIC: fertilisers and petrochemicals,

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for KPC: state-owned entity responsible for Kuwait's hydrocarbon interests throughout the world,

1 OJ L 24, 29.1.2004 p. 1.

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

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for the JV: manufacture and marketing of polyethylene, polypropylene, polycarbonate, ethanolamines, ethyleneamines and ethylene glycol.

(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 5, subparagraph c, of the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004.

(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,

(signed) Philip LOWE Director General

2 OJ C 56, 05.3.2005 p.32.

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