Commission Decision of 12/05/2003 declaring a concentration to be compatible with the common market (Case No IV/M.3154 - SÜD-CHEMIE / SABIC / SCIENTIFIC DESIGN JV) according to Council Regulation (EEC) No 4064/89 (Only the English text is authentic) Official Journal 170 , 19/07/2003 P. 0009 - 0009 Commission Decision of 12/05/2003 declaring a concentration to be compatible with the common market (Case No IV/M.3154 - SÜD-CHEMIE / SABIC / SCIENTIFIC DESIGN JV) according to Council Regulation (EEC) No 4064/89 (Only the English text is authentic) To the notifying parties Dear Madam(s) and/or Sir(s), Subject:
Case No. COMP/M.3154 - Süd-Chemie/SABIC/Scientific Design JV Notification of 03.04.2003, pursuant to Article 4 of Council Regulation (EEC) No. 4064/89 [1] Publication in the Official Journal of the European Communities No. C 88, 11.04.2002, page 15. [1] OJ L 395, 30.12.1989 p. 1; corrected version OJ L 257 of 21.9.1990, p. 13, as last amended by Regulation (EC) No 1310/97, OJ L 180, 9.7.1997, p. 1, corrigendum in OJ L 40, 13.2.1998, p. 17. 1. On 03.04.2003, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EEC) No. 4064/89 by which the undertakings Süd-Chemie AG ("SC", Germany) and Saudi Basic Industries Corporation ("SABIC", Saudi Arabia) acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of the undertaking Scientific Design Company, Inc.
("SD", USA), currently controlled by the German company Linde AG, by way of purchase of shares and assets. The business activities of the undertakings concerned are : - for SC : manufacture and sale of chemicals including catalysts, - for SABIC : manufacture and sale of chemicals, - for SD : licensing of technologies and manufacture of products to the chemical industry and related engineering services. 2. After examination of the notification, the Commission has concluded that the notified operation falls within the scope of Council Regulation (EEC) No. 4064/89 and of paragraph 4 (a) of the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EEC) No 4064/89 [2]. [2] OJ C 217, 29.07.2000, p.
32. 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 and with the EEA Agreement. This decision is adopted in application of Article 6(1)(b) of Council Regulation (EEC) No. 4064/89. For the Commission Mario MONTI Member of the Commission