52004XX0330(01)

Opinion of the Advisory Committee on concentrations delivered at its 72nd meeting, held on 5 January 2000, concerning a preliminary draft decision relating to case COMP/M.1630 - Air Liquide/BOC

(2004/C 79/09)

(Text with EEA relevance)

1. The Advisory Committee agrees with the Commission that the product markets are defined on the basis of the different types of gas marketed and their different distribution channels (on-site plants and pipelines, tankers, and cylinders).

2. The Advisory Committee agrees with the Commission that the geographic markets for on-site plants and pipelines, for helium and for speciality gases for the electronics industry embrace the European Economic Area and that the markets for gases supplied by tanker or in cylinders do not generally extend beyond national borders.

3. The Advisory Committee agrees with the Commission that the initial merger plan would lead to the creation of a dominant position for Air Liquide on the markets in gases supplied by on-site plants or pipelines.

4. The Advisory Committee agrees with the Commission that the planned merger would strengthen the dominant position of BOC on the UK and Irish markets in gases supplied by tanker and in cylinders and that of Air Liquide on the French market in the same products.

5. The majority of the members of the Advisory Committee agree with the Commission that the plan would crete a collective dominant position for Air Liquide and Air Products on the wholesale helium market and on the market in speciality gases for the electronics industry. A minority abstains.

6. The Advisory Committee agrees with the Commission that the undertakings given by the parties on 21 December 1999 are sufficient to meet the competition concerns in each of the markets mentioned in points 4 and 5.

7. The majority of the members of the Advisory Committee agree with the Commission that the undertakings given by the parties on 21 December 1999 are sufficient to meet the competition concerns in the market in gases supplied by on-site plants or pipelines. A minority disagrees.

8. The Advisory Committee invites the Commission to take into consideration all the other points raised during the discussion and recommends the publication of this opinion.