16. 6. 88 Official Jourhal of the European Communities No L 150/35 (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 5 May 1988 relating to a proceeding under Article:85 of the EEC Treaty (IV/32.075 - Bayer/BP Chemicals) (Only the English and German texts. are authentic). (88/330/EEC) , THE COMMISSION OF THE EUROPEAN' COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, Having regard to Council Regulation No 17 of 6 February 1962, First Regulation implementing Articles 85 and 86 of the Treaty ('), as last amended by the Act of Accession of Spain and Portugal, and in particular Artlcles 6 and 8 thereof, Having regard to the application for negative clearance and the notification for exemption, submitted under Atrticles 2 and 4 of Regulation No 17 on 3 October 1986 by Bayer AG, Leverkusen, BP Chemicals International Limited, London, and Erdélchemie GmbH, Kaolin, concerning the agreements between them signed on 10 November 1987, Having regard to the summary of the application and notification published (3) pursuant to Article 19 (3) of Regulation No 17, After consultation with the Advisory Committee for Restrictive Practices and Dominant Positions, Whereas : I. THE FACTS A. Subject of the Decision (i) This Decision relates to the agreements between Bayer AG (Bayer) BP Chemicals International () OJ No 13, 21. 2. 1962, p. 204/62. () OJ No C 253, 23. 9. 1987, p.’5. @ &) Limited : (BPCL) and Erdélchemie GmbH (EC) concerning the polyethylene sector, under which, inter alia, technical cooperation is established between BPCL and EC and BPCL is appointed as distributor for EC’s production, and which entered into force on 1 March 1988. B. The undertakings Bayer is a German group dealing in chemicals and pharmaceuticals. Its turnover in 1986 was DM 40,7 billion (approximately 19,2 billion ECU). Bayer is active in the thermoplastic sector through its shares in EC (50 % of the ownership and 100 % of the dealership, prior to the present agreements) and its production of ABS (acrylonitrile-butadienestyrene), which was 20 % of the Western European market in 1986, making it the principal producer on the market. BPCL is a British wholly-owned subsidiary of the British Petroleum Company plc (BP). BPCL'’s turnover in 1986 was £1,7 billion (approximately 2,5 billion ECU). BPCL is a major LdPE/LLdPE manufacturer, also producing other thermoplastics, including polystyrene (6 to 7 %) of 1986 EEC capacity), polypropylene (3 %), and high-density polyethylene (8 %). BPCL has three LdPE plants in Europe, at Grangemouth, (capacity 100 000 tonnes in 1985), Wilton, (70 000 tonnes in 1985) and Antwerp, (120 000 tonnes in 1985) and one LLdPE plant in France, Lavera, (capacity 20 000 tonnes in 1985).