Air Products and Chemicals Inc/L'Air Liquide SA - s.87B undertaking

After conducting market inquiries, the Commission determined that the acquisition of BOC Australia Pty Ltd by a specifically formed acquisition vehicle owned jointly by Air Products & L'Air Liquide would not substantially affect competition, provided that certain guarantees were provided by the parties, to the ACCC. This Undertaking provides that:

• The BOC Australia business will pass to Air Products on or before the end of three months after the joint acquisition vehicle has acquired 100% of the issued shared capital in BOC Group; and
• During the transition period the BOC Australia business will be conducted separately from L'Air Liquides Australian operations and the passing of information between the parties will be prohibited, subject to certain information required for reporting, restructuring & safety purposes.