52004XX0428(07)

Opinion of the Advisory Committee on Concentrations given at the 68th meeting on 15 September 1999 concerning a preliminary draft decision relating to case IV/M.1383 - Exxon/Mobil

(2004/C 102/11)

(Text with EEA relevance)

(Commission Decision 2004/284/EC - OJ L 103, 7.4.2004)

1. The Advisory Committee agrees with the Commission that the notified operation

(a) constitutes a concentration within the meaning of Article 3(1)(a) of the Merger Regulation, and

(b) has a Community Dimension as defined by Article 1(2) of that Regulation.

2. The Advisory Committee agrees with the Commission that, as the concentration does not give rise to the creation or strengthening of a dominant position in the markets for

(a) exploration, development, production and sale of crude oil and natural gas,

(b) "Gas to Liquid" and

(c) chemical additives and lubricants (excluding aviation lubricants),

it is not necessary to defule the precise scope of the relevant markets in these areas.

3. A majority of the Advisory Committee agrees with the Commission that the relevant product markets are:

(a) the wholesale transmission of natural gas;

(b) the long-distance wholesale transmission of natural gas;

(c) underground storage facilities for natural gas;

(d) Group I base oils;

(e) aviation lubricants;

(f) motor fuel retailing;

(g) motor fuel retailing on motorways; and

(h) aviation fuels.

A minority considers that a distinction needs to be made between LCV and HCV gas on the long-distance wholesale transmission market.

4. A majority of the Advisory Committee agrees with the Commission that the relevant geographic markets in respect of the product markets listed at 3 above are:

(a) the Netherlands for the wholesale transmission of natural gas;

(b) Germany (national or regional) for the long-distance wholesale transmission of natural gas;

(c) the South of Germany for underground storage facilities for natural gas;

(d) the EEA in respect of Group I base oils;

(e) world-wide for aviation lubricants;

(f) Austria, Germany, Luxembourg, Netherlands and UK for motor fuel retailing;

(g) France for motor fuel retailing on motorways; and

(h) Gatwick Airport for aviation fuels.

A minority considers that, with regard to (f) and (g), the markets are narrower than national.

5. A majority of the Advisory Committee agrees with the Commission that the notified operation would give rise to the creation or strengthening of a dominant position in each of the markets listed at 4 above. A minority abstains.

6. A majority of the Advisory Committee agrees with the Commission that, subject to market testing, the adjustments required by the Commission and a more detailed understanding of the commitments now proposed, these commitments will remove the competition concerns of the notified concentration in each of the markets listed at 4. A minority considers that it was not in a position to give an opinion.

7. A majority of the Advisory Committee agrees with the Commission, subject to the caveats indicated at 6 above, that the concentration should be declared compatible with the common market and the functioning of the EEA Agreement subject to full compliance with the commitments. A minority considers that it was not in a position to give an opinion.

8. The Advisory Committee recommends publication of its opinion in the Official Journal of the European Union.

9. The Advisory Committee invites the Commission to take account of all the points raised in the discussion.