Wed 6 Jul 2011 16:02

EU approves CEPSA acquisition


European Commission clears IPIC's proposed acquisition of a controlling stake in CEPSA.



The European Commission (EC) has cleared, under the EU Merger Regulation, the proposed acquisition of a controlling stake in Compañía Española de Petróleos S.A(CEPSA), by International Petroleum Investment Company (IPIC) of Abu Dhabi.

The EC concluded that the merged entity would face effective competitors and that the transaction would have no effect on the merged entities' incentives to coordinate their behaviour.

In a statement the EC said: "The Commission's examination showed that the proposed transaction gives rise to horizontal overlaps in the markets for phenol and acetone. Phenol is used for producing (a) bisphenol-A (“BPA”), which in turn is used to produce polycarbonate used for different applications in optical media, electrical and electronics and in construction; (b) phenolic resin, which can be used, among other things, as a wood-binding adhesive in the construction sector, as a bonding agent for foundry, and as sand moulds in the industrial sector; (c) caprolactam, which is used to make 6-nylon fibres, engineering resins and film; and (d) slimicide, a disinfectant and an anaesthetic. Acetone is used in the production of (a) polycarbonate from bisphenol-A ("BPA") (to produce bisphenol-A, one needs both phenol and acetone); (b) methyl methacrylate (“MMA”); and (c) solvents.

"The Commission's investigation revealed that IPIC's and CEPSA's combined market shares are moderate and that a number of credible competitors will remain active in the markets for phenol and acetone.

"The Commission also investigated whether the operation would increase the ability and incentive of suppliers of acetone and phenol to coordinate their business conduct to the detriment of their consumers. However, the lack of transparency, the asymmetry between the market shares of various competitors (that would remain unchanged by the transaction) and the strong countervailing purchasing power of customers means that the possibility of coordination would be unaffected by the transaction.

"The Commission therefore considered that the proposed transaction will not give rise to competition concerns."

The transaction was notified to the European Commission on 26th June 2011.

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