Case No COMP/M.5119 - DOW / CP CHEM / AMERICAS STYRENICS JV

Only the English text is available and authentic.

REGULATION (EC) No 139/2004 MERGER PROCEDURE

Article 6(1)(b) NON-OPPOSITION Date: 25/04/2008

In electronic form on the EUR-Lex website under document number 32008M5119

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

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 25/04/2008 SG-Greffe(2008) D/201946

PUBLIC VERSION

MERGER PROCEDURE ARTICLE 6(1)(b) DECISION

SIMPLIFIED PROCEDURE

To the notifying parties

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

1.On 26 March 2008, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No. 139/2004 by which the undertakings The Dow Chemical Company ("Dow", US) and Chevron Phillips Chemical Company LP ("Chevron", US) acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of the undertaking Americas Styrenics LLC ("the JV", US) by way of purchase of shares in a newly created company constituting a joint venture.

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

3.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

1OJ L 24, 29.1.2004 p. 1

2OJ C 56, 05.3.2005 p.32

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

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 by Philip LOWE Director General

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