Decision Nº M/03/017 from Competition and Consumer Protection Commission, 2003-07-08

CourtCompetition and Consumer Protection Commission (Ire)
PartiesMakroform GmbH,Bayer AG
Decision NumberM/03/017
Decision Date08 July 2003
StatusCleared (Phase 1)
Date08 July 2003
Determination of the Competition Authority
Determination No. M/03/017 of the Competition Authority, dated 8 July 2003,
Notification No. M/03/017 – Acquisition of Makroform GmbH by Bayer AG
Introduction
1. On 16 June 2003 the Competition Authority, in accordance with Section 18 of the
Competition Act, 2002 (“the Act”) was notified, on a mandatory basis, of a
proposal whereby Bayer AG (Bayer) would acquire sole control of Makroform
GmbH (Makroform) by acquiring Röhm GmbH’s joint controlling interest in
Makroform.
The Parties
2. Bayer is a global business involved in the production and sales of chemical
products, polymers, pharmaceuticals products and pesticides. It has various
activities within the State.
3. Makroform is a joint venture currently subject to joint control by Bayer and
Röhm GmbH. Makroform is active in the production and sale of polycarbonate
(PC) and polyester plates. Its activities are based primarily in Europe, and
include sales of its products within the State.
Analysis
4. The notifying parties have submitted that sales of PC plates by Makroform
account for less than 10% of sales of PC plates within the State, and less than
10% of all plastic plates sold within the State. Bayer also has minority interests
in three further competitors that have an aggregate share of less than 16% in sales
of PC plates on a European-wide basis. In this case, the Authority found that
irrespective of whether the market was defined as a market for PC plates or a
broader market for plastic plates, the acquisition of sole control of Makroform by
Bayer would not substantially affect the level of competition within the State.
5. In assessing this matter, the Authority also considered whether the change from
joint to sole control could have any impact on upstream or downstream markets.
Bayer currently supplies polycarbonate (PC) granulates to Makroform and other
competitors which is an essential input into the manufacture of PC plates. The
Authority found that even if Bayer had greater incentive to discriminate in favour
of Makroform in the supply of PC granulates once it become a wholly owned
business, other alternative suppliers remained available to supply competitors.
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