Background
This concentration follows the commitment given to the Commission by Mobil and Exxon Corp. (Exxon) to divest certain of Mobil interests in the BP/Mobil JV. Indeed, the Commission decision clearing the Exxon Mobil merger was subject to compliance with the commitment offered. It consists in the acquisition by BP Amoco Plc (BPA) of control of certain fuel and lubricants businesses of the BP-Mobil joint venture (the JV). The JV will be dissolved. The vendor is Exxon Mobil Corp. (ExxonMobil). The Commission cleared the operation as BPA has no fuel retailing activities in Europe other than via the JV.
Assessment
The notified operation therefore does not create or strengthen a dominant position on the fuel markets. As ancillary restraints, the Commission accepted non-compete obligations for a three-year duration and a non-solicit obligation for a period of five years. The Commission also accepted supply and purchase agreements of which details were not disclosed as they contained business secrets. (Case n° COMP/M.1820, decision of 02/02/00).
