No L 35/54 Official Journal of the European Communities 7.2.85 COMMISSION DECISION of 12 December 1984 relating to a proceeding under Article 85 of the EEC Treaty (IV/30.666 — Mecaniver-PPG) (Only the English and French texts are authentic) (85,/78/EEC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the Euro- pean 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 Greece, and in particular Article 2 thereof, Having regard to the application made on 29 Janu- ary 1982 under Article 2 of Regulation No 17 by BSN-Gervais Danone SA, Paris, Mecaniver SA, Brussels, Belgium, and PPG Industries Inc., Pitts- burgh, Pennsvlvania, USA, for negative clearance of an agreement signed on 17 December 1981 on the sale by Mecaniver SA to PPG Industries Inc. of approximately 67 % of the shares of Boussois SA and all Mecaniver’s shareholdings in Glasexco SA, Brussels, Belgium, Vetrocom SpA, Milan, Italy, Cristal AG, Mollis, Switzerland, Glasexco UK Ltd, London, United Kingdom, Glasexco Norge A/S, Oslo, Norway, and Glasunit A/S and Glaskontoret A/S, Hellerup, Denmark, Having regard to the summary of the application published (2) pursuant to Article 19 (3) of Regula- tion No 17, Having consulted the Advisory Committee on Res- trictive Practices and Dominant Positions. Whereas: I. THE FACTS (1)  PPG Industries Inc. (PPG) is the largest glass producer in the USA, accounting for around 32% of domestic production (followed by J No 13.21.2. 1962. p. 204/62. J No C 2%9, 25. 10. 1983, p. 2. (2) (3) 4) LOF with about 24 %). PPG has an 80 %- owned production subsidiary in Europe, Ver- nante Pennitalia SpA of Cuneo, Italy, whose production capacity represents about 4 % of the total installed capacity in the EEC. BSN-Gervais Danone, Paris (BSN), was formed by the merger of BSN Industries, which had long been one of the largest glass- making enterprises in the world, with Ger- vais-Danone, which has interests mainly in the food industry. Mecaniver SA, Brussels (Mecaniver), is a Bel- gian holding company which is over 78 % owned by BSN. As part of the general corpor- ate strategy of the BSN group, Mecaniver has been gradually withdrawing from BSN's tradi- tional business in the flat-glass industry to concentrate on the group’s food business. On 2 June 1980 it sold all its direct and indirect interests in the German flat glass producer Flachglas AG to the UK undertaking Pilking- ton Brothers Ltd. In late 1981 when the agreement with which this Decision is concerned was signed, Mecaniver exercised control in Europe over Boussois SA and seven export sales compan- ies: Glasexco over Boussois SA and seven export sales companies: Glasexco SA in Bel- gium, Vetrocol SpA in Italy, Cristal AG in Switzerland, Glasexco UK 1.td in the United Kingdom, Glasexco Norge A/S in Norway, and Glasunt A/S and Glaskontroet A/S in Denmark. It also retained 20 % shareholdings in the Belgian and Dutch flat-glass producers Glaverbel SA and Machinale Glasfabriek De Maas BV, the remaining 80 “6 of which it had sold to the Japanese company Asahi Glass Co. in June 1981. It later disposed of its resi- dual shareholdings in these companies to allow Asahi to assume full control. Asahi