• UOKiK has issued reservations regarding the takeover of ACP Europe and Eurocylinder by Air Products.
• The concentration may result in restriction of competition.
• The reservations are by no means determinative of the possible final ruling in this case.

The Air Products group of companies is a manufacturer and supplier of industrial gases, including carbon dioxide, argon, helium, hydrogen and nitrogen. The group operates five manufacturing plants located in Poland. The companies being acquired (ACP Europe and Eurocylinder) belong to ACP Group, which specialises in production of carbon dioxide.

After analysing the request, the Office initiated the second stage of the proceedings. It was necessary to perform a market survey. The Office checked the market shares of the parties involved in the concentration scheme and their competitors. UOKiK sent surveys to all undertakings which conduct operations on the market for the production of CO₂ and dry ice. The questions concerned aspects such as their volume of production, sales and import, the production facilities they own, their generation capacities and the degree to which they are used.

The results showed that the transaction might lead to restriction of competition. First of all, Air Products may assume control over more than half of the market for the production and marketing of carbon dioxide. The company’s share will be two times greater than that of its largest competitor. Moreover, this advantage may grow in the coming years due to planned start-up of new facilities. As a result, the transaction may lead to an increase in the prices of liquid carbon dioxide.

14 days to respond

In cases where there are reasonable grounds to believe that the concentration will result in restriction of competition, the President of UOKiK submits his or her reservations about the intended transaction to the undertaking(s) involved in the concentration scheme. The reservations are provided along with a statement of grounds and are by no means determinative of the final outcome of the proceedings.

In accordance with the provisions of applicable laws, the undertakings involved have 14 days to respond to the reservations. This period may be extended by a further two weeks at the request of the undertakings involved.

Additional information for the media:

UOKiK Press Office
pl. Powstańców Warszawy 1, 00-950 Warszawa
Phone: +48 22 55 60 430
Email: biuroprasowe@uokik.gov.pl
Twitter: @UOKiKgovPL