IP/99/367 Brussels, 3rd June 1999 Commission authorises ABB and ALSTOM to enter into a joint venture on power generation equipment The European Commission has decided not to oppose the creation of a joint venture by which ALSTOM (France) and ABB Handels- und Verwaltungs AG, belonging to the Swiss-Swedish ABB Asea Brown Boveri Ltd. Group (“ABB”) create a joint venture on power generation equipment, ABB ALSTOM Power NV (“JV”). ALSTOM and ABB will contribute their world-wide activities on gas, steam and hydro turbines, hydro generators, heat recovery steam generators, boilers, environmental control products and district heating to the JV. Although this operation leads to the elimination of an important competitor, the Commission has concluded that no dominant position is created given the fact that large players such as Siemens (Germany), General Electric (GE) (US), Mitsubishi Heavy Industries (MHI) (Japan), Ansaldo (Italy) and also smaller competitors remain active on these markets. However, given the consolidation that has taken place in this industry in recent years, any further consolidation is likely to be scrutinised very carefully by the Commission. The Commission has examined a number of power generation equipment markets. With regard to their geographic scope the market investigation has shown that these markets are not yet global, but that there appear to be 3 areas : Europe/EEA (European Economic Area), America and the rest of the world. This is due to customer preferences in Europe and America for “home based” suppliers which are able to offer a speedy repair in case of a breakdown. However, the precise definition of the relevant geographic market has been left open, since in all alternative definitions the operation would not lead to the creation or strengthening of a dominant position. This operation has little impact on the gas turbine markets as such. Only ALSTOM is present on the market for small industrial gas turbines. On the market for large heavy duty gas turbines, ALSTOM is selling its business to GE1, one of the 4 gas turbine technology providers (the others being ABB, Siemens and MHI). Gas turbines are an essential part of a gas plant. An increasing number of customers and in particular IPPs (Independent Power Producers) order turnkey gas plants. The latter encompass the supply of the power generation equipment – gas turbine, steam turbine, heat recovery steam generator, …- and related activities as services and financing. These turnkey gas plants can be simple cycle plants or combined cycle plants, where a steam turbine is added to the gas turbine in order to increase the efficiency of the plant. For turnkey gas plants the JV will become the largest supplier in the EEA and in the world, the main competitor being Siemens. 1 Case N° IV/M.1404 – GE/ALSTOM, notified on 26/04/1999. However, the Commission has concluded that the JV will not be in a position to behave independently of its competitors and customers for the following reasons : the presence of other turnkey gas plant providers (Fiat, Raytheon and architect/engineers as Stone & Webster, Bechtel, …), the fact that there are other suppliers of components for turnkey gas plants (i.e. gas turbines, steam turbines, heat recovery steam generators, etc. ) and therefore no foreclosure of the access to components for architect/engineers. The market investigation has shown that gas plants are becoming increasingly popular (more environmental friendly, higher efficiency) in the EEA and that therefore there is a major trend away from steam plants. As a result thereof the orders for steam turbines have dropped significantly in the EEA. However, steam turbines are used in CC plants and by industrial customers. Both parties are active in the market for steam turbines up to 70 MW and over 70 MW leading to a combined market share between 40 and 50% in the EEA and between 20 and 30% in the world. The JV will be faced with competitors such as Siemens, Ansaldo, GE and MHI. With regard to the small steam turbines the increment is small and is likely to be even smaller. This is due to the fact that ALSTOM is selling its large heavy duty gas turbine business to GE and that the choice of the steam turbine in a CC plant is driven by the choice of the gas turbine, whereby the supplier of the gas turbine will in general also supply the steam turbine. With regard to the large steam turbines, the Commission took into account the fact that not all of ALSTOM’s sales would accrue to the JV since part of these steam turbines will be used in a CC plant. Moreover, for other applications the orders have decreased significantly and only account for a small part of the JV’s turnover for these products in the EEA. With regard to hydro generators it has to be noted that less than 10% of all hydro generators are supplied in the EEA and that therefore the geographic scope of this market is likely to be wider. On this market ABB already had a market share of more than 50% in the EEA, but the increment in market share in the EEA is very small. On a global basis the JV will have between 30 and 40% facing competitors such as Siemens and Ansaldo. On the market for fossil boilers the JV will become the second largest supplier in the EEA (between 30 and 40%) and will have a market share between 10 and 20% on a global basis. The main competitors are D. BK and Foster & Wheeler, but there are also a large number of smaller suppliers. The combined market shares of the parties for heat recovery steam generators (between 10 and 20% in the EEA and in the world) and for flue gas cleaning equipment (market share between 20 and 30%) did not give rise to any problem of dominance. On the basis of the above, the Commission has decided not to oppose this operation and to declare it compatible with the common market and with the EEA Agreement. 2