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Notiziario Marketpress di
Giovedì 25 Novembre 2004
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Pagina1 |
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MERGERS: COMMISSION REFERS SHELL AND CEPSA AIRCRAFT REFUELLING JOINT VENTURE TO SPANISH COMPETITION AUTHORITIES |
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Brussels, 25th November 2004 - The European Commission has decided to refer to the Spanish competition authorities the competence to assess the impact of the creation of Sis, a joint venture between Shell Espana and Cepsa for the provision of aircraft refuelling services at Spanish airports. The Spanish authorities have requested the referral of the case. As the creation of Sis has no impact outside Spain, the Commission has considered that the Spanish competition authorities are best placed to assess the competitive impact of the operation. Sis has been set up to supply aircraft refuelling (so-called ‘into-plane’) services at airports on the Spanish mainland and the Balearic Islands. The creation of Sis follows the liberalisation of ground-handling services at Spanish airports as foreseen by Council Directive 96/67/Ec on access to the airport ground-handling services market. ‘Into-plane’ service providers convey jet fuel into aircraft through the use of hydrant systems and refuelling equipment. Both parent companies, Shell España and Cepsa, operate in the petroleum industry. Both are active in the supply of jet fuel, which is vertically related to the provision of into-plane services. Shell provides also into-plane services at Madrid and Barcelona airports. The proposed operation was notified to the Commission as the parent companies meet the turn-over thresholds foreseen in the Eu Merger Regulation (139/2004). However, the Spanish authorities have requested the referral of the case pursuant to Article 9 of the Regulation, in view of the eminently local (Spanish) character and impact of the operation. The Commission has concluded that the Spanish request is well-founded, as the Commission’s preliminary investigation has indicated that the operation may threaten competition not only in the ‘into-plane’ service market but also in the vertically related market for jet fuel supply. As regards the ‘into-plane’ services market, in which Sis would be active, there are indications that the creation of the joint venture would reduce the number of potential credible bidders, as Sis would replace Shell Espana and Cepsa in the tender procedures for the awarding of concessions at individual Spanish airports. Although only Shell is currently active in ‘into plane’ services, Cepsa appears to be a natural candidate to become active in the newly-liberalised market. As to the supply of jet fuel, the creation of Sis would allow Shell and Cepsa to become vertically integrated. It appears that, in the light of the very strong position of Shell and Cepsa in the supply of jet fuel across Spain, particularly at the Malaga and Seville airports, the consequences of this vertical integration deserve to be closely reviewed.
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