# Official Journal C 315/2010

| | ISSN 1725-2423
  doi:10.3000/17252423.C_2010.315.eng |
| --- | --- |
| Official Journal
  of the European Union | C 315 |
| | |
| English edition | Information and Notices | Volume 5319 November 2010 |

ISSN 1725-2423

doi:10.3000/17252423.C_2010.315.eng

Official Journal

of the European Union

C 315

English edition

Information and Notices

Volume 5319 November 2010

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| Notice No | Contents | page |
| --- | --- | --- |
| | II   Information |
| | INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2010/C 315/01 | Non-opposition to a notified concentration (Case COMP/M.5982 — CVCII/Advance Properties/Huvepharma) (
  1
  ) | 1 |

Notice No

Contents

page

II   Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2010/C 315/01

Non-opposition to a notified concentration (Case COMP/M.5982 — CVCII/Advance Properties/Huvepharma) (
  1
  )

1

1

| | IV   Notices |
| --- | --- |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2010/C 315/02 | Euro exchange rates | 2 |
| 2010/C 315/03 | Commission notice concerning the quantity not applied for to be added to the quantity fixed for the subperiod 1 January to 31 March 2011 under certain quotas opened by the European Union for poultry meat, eggs and egg albumin | 3 |
| 2010/C 315/04 | Commission notice concerning the quantity not applied for to be added to the quantity fixed for the subperiod 1 January to 31 March 2011 under certain quotas opened by the European Union for pig meat products | 4 |
| | NOTICES FROM MEMBER STATES |
| 2010/C 315/05 | Information communicated by Member States regarding closure of fisheries | 5 |
| 2010/C 315/06 | Information communicated by Member States regarding closure of fisheries | 6 |

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2010/C 315/02

Euro exchange rates

2

2010/C 315/03

Commission notice concerning the quantity not applied for to be added to the quantity fixed for the subperiod 1 January to 31 March 2011 under certain quotas opened by the European Union for poultry meat, eggs and egg albumin

3

2010/C 315/04

Commission notice concerning the quantity not applied for to be added to the quantity fixed for the subperiod 1 January to 31 March 2011 under certain quotas opened by the European Union for pig meat products

4

NOTICES FROM MEMBER STATES

2010/C 315/05

Information communicated by Member States regarding closure of fisheries

5

2010/C 315/06

Information communicated by Member States regarding closure of fisheries

6

| | V   Announcements |
| --- | --- |
| | PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY |
| | European Commission |
| 2010/C 315/07 | Notice of initiation of an expiry review of the anti-dumping measures applicable to imports of certain stainless steel fasteners and parts thereof originating in the People's Republic of China and Taiwan | 7 |
| | PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY |
| | European Commission |
| 2010/C 315/08 | Prior notification of a concentration (Case COMP/M.6057 — Carlyle/Commscope) — Candidate case for simplified procedure (
  1
  ) | 13 |
| 2010/C 315/09 | Prior notification of a concentration (Case COMP/M.6075 — DHC/Vue Entertainment Investment) — Candidate case for simplified procedure (
  1
  ) | 14 |
| 2010/C 315/10 | Prior notification of a concentration (Case COMP/M.6044 — Alliance Boots/Andreae-Noris Zahn) (
  1
  ) | 15 |

V   Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY

European Commission

2010/C 315/07

Notice of initiation of an expiry review of the anti-dumping measures applicable to imports of certain stainless steel fasteners and parts thereof originating in the People's Republic of China and Taiwan

7

PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

2010/C 315/08

Prior notification of a concentration (Case COMP/M.6057 — Carlyle/Commscope) — Candidate case for simplified procedure (
  1
  )

1

13

2010/C 315/09

Prior notification of a concentration (Case COMP/M.6075 — DHC/Vue Entertainment Investment) — Candidate case for simplified procedure (
  1
  )

1

14

2010/C 315/10

Prior notification of a concentration (Case COMP/M.6044 — Alliance Boots/Andreae-Noris Zahn) (
  1
  )

1

15

| | |
| --- | --- |
| | (1)   Text with EEA relevance |

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(1)   Text with EEA relevance

1

| EN | |
| --- | --- |

EN

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II Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

| 19.11.2010 | EN | Official Journal of the European Union | C 315/1 |
| --- | --- | --- | --- |

19.11.2010

EN

Official Journal of the European Union

C 315/1

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Non-opposition to a notified concentration

(Case COMP/M.5982 — CVCII/Advance Properties/Huvepharma)

(Text with EEA relevance)

2010/C 315/01

On 12 November 2010, the Commission decided not to oppose the above notified concentration and to declare it compatible with the common market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004. The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:

| — | in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes, |
| --- | --- |

—

in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,

| — | in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/en/index.htm) under document number 32010M5982. EUR-Lex is the on-line access to the European law. |
| --- | --- |

—

in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/en/index.htm) under document number 32010M5982. EUR-Lex is the on-line access to the European law.

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IV Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

| 19.11.2010 | EN | Official Journal of the European Union | C 315/2 |
| --- | --- | --- | --- |

19.11.2010

EN

Official Journal of the European Union

C 315/2

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Euro exchange rates (1)

18 November 2010

2010/C 315/02

1 euro =

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,3647 |
| JPY | Japanese yen | 113,72 |
| DKK | Danish krone | 7,4549 |
| GBP | Pound sterling | 0,85220 |
| SEK | Swedish krona | 9,3573 |
| CHF | Swiss franc | 1,3475 |
| ISK | Iceland króna | |
| NOK | Norwegian krone | 8,1620 |
| BGN | Bulgarian lev | 1,9558 |
| CZK | Czech koruna | 24,648 |
| EEK | Estonian kroon | 15,6466 |
| HUF | Hungarian forint | 275,09 |
| LTL | Lithuanian litas | 3,4528 |
| LVL | Latvian lats | 0,7093 |
| PLN | Polish zloty | 3,9375 |
| RON | Romanian leu | 4,2980 |
| TRY | Turkish lira | 1,9747 |
| AUD | Australian dollar | 1,3812 |
| CAD | Canadian dollar | 1,3895 |
| HKD | Hong Kong dollar | 10,5816 |
| NZD | New Zealand dollar | 1,7577 |
| SGD | Singapore dollar | 1,7672 |
| KRW | South Korean won | 1 542,77 |
| ZAR | South African rand | 9,5363 |
| CNY | Chinese yuan renminbi | 9,0529 |
| HRK | Croatian kuna | 7,3945 |
| IDR | Indonesian rupiah | 12 203,70 |
| MYR | Malaysian ringgit | 4,2612 |
| PHP | Philippine peso | 59,350 |
| RUB | Russian rouble | 42,3910 |
| THB | Thai baht | 40,859 |
| BRL | Brazilian real | 2,3385 |
| MXN | Mexican peso | 16,7858 |
| INR | Indian rupee | 61,7250 |

Currency

Exchange rate

USD

US dollar

1,3647

JPY

Japanese yen

113,72

DKK

Danish krone

7,4549

GBP

Pound sterling

0,85220

SEK

Swedish krona

9,3573

CHF

Swiss franc

1,3475

ISK

Iceland króna

NOK

Norwegian krone

8,1620

BGN

Bulgarian lev

1,9558

CZK

Czech koruna

24,648

EEK

Estonian kroon

15,6466

HUF

Hungarian forint

275,09

LTL

Lithuanian litas

3,4528

LVL

Latvian lats

0,7093

PLN

Polish zloty

3,9375

RON

Romanian leu

4,2980

TRY

Turkish lira

1,9747

AUD

Australian dollar

1,3812

CAD

Canadian dollar

1,3895

HKD

Hong Kong dollar

10,5816

NZD

New Zealand dollar

1,7577

SGD

Singapore dollar

1,7672

KRW

South Korean won

1 542,77

ZAR

South African rand

9,5363

CNY

Chinese yuan renminbi

9,0529

HRK

Croatian kuna

7,3945

IDR

Indonesian rupiah

12 203,70

MYR

Malaysian ringgit

4,2612

PHP

Philippine peso

59,350

RUB

Russian rouble

42,3910

THB

Thai baht

40,859

BRL

Brazilian real

2,3385

MXN

Mexican peso

16,7858

INR

Indian rupee

61,7250

---

(1)  Source: reference exchange rate published by the ECB.

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| 19.11.2010 | EN | Official Journal of the European Union | C 315/3 |
| --- | --- | --- | --- |

19.11.2010

EN

Official Journal of the European Union

C 315/3

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Commission notice concerning the quantity not applied for to be added to the quantity fixed for the subperiod 1 January to 31 March 2011 under certain quotas opened by the European Union for poultry meat, eggs and egg albumin

2010/C 315/03

Commission Regulations (EC) No 533/2007 (1), (EC) No 536/2007 (2) and (EC) No 539/2007 (3) opened tariff quotas for imports of poultry meat, eggs and egg albumin. The applications for import licences lodged during the first seven days of September 2010 for the subperiod 1 October to 31 December 2010 do not, for quotas 09.4068, 09.4070, 09.4169, 09.4015 and 09.4402, cover the quantities available. Pursuant to the second sentence of Article 7(4) of Commission Regulation (EC) No 1301/2006 (4), the quantities that were not applied for are to be added to the quantity fixed for the following quota subperiod, from 1 January to 31 March 2011; they are set out in the Annex to this notice.

---

(1)  OJ L 125, 15.5.2007, p. 9.

(2)  OJ L 128, 16.5.2007, p. 6.

(3)  OJ L 128, 16.5.2007, p. 19.

(4)  OJ L 238, 1.9.2006, p. 13.

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ANNEX

| Quota order number | Quantities not applied for, to be added to the quantity fixed for the subperiod 1 January to 31 March 2011
  (in kg) |
| --- | --- |
| 09.4068 | 3 727 000 |
| 09.4070 | 582 500 |
| 09.4169 | 8 332 500 |
| 09.4015 | 67 500 000 |
| 09.4402 | 5 848 176 |

Quota order number

Quantities not applied for, to be added to the quantity fixed for the subperiod 1 January to 31 March 2011

(in kg)

09.4068

3 727 000

09.4070

582 500

09.4169

8 332 500

09.4015

67 500 000

09.4402

5 848 176

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| 19.11.2010 | EN | Official Journal of the European Union | C 315/4 |
| --- | --- | --- | --- |

19.11.2010

EN

Official Journal of the European Union

C 315/4

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Commission notice concerning the quantity not applied for to be added to the quantity fixed for the subperiod 1 January to 31 March 2011 under certain quotas opened by the European Union for pig meat products

2010/C 315/04

Commission Regulation (EC) No 442/2009 (1) opened tariff quotas for imports of pig meat products. The import licence applications lodged during the first seven days of September 2010 for the subperiod 1 October to 31 December 2010 do not, for quotas 09.4038, 09.4170 and 09.4204, cover the quantities available. Pursuant to the second sentence of Article 7(4) of Commission Regulation (EC) No 1301/2006 (2), the quantities that were not applied for are to be added to the quantity fixed for the following quota subperiod, from 1 January to 31 March 2011; they are set out in the Annex to this notice.

---

(1)  OJ L 129, 28.5.2009, p. 13.

(2)  OJ L 238, 1.9.2006, p. 13.

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ANNEX

| Quota order number | Quantities not applied for, to be added to the quantity fixed for the subperiod 1 January to 31 March 2011
  (in kg) |
| --- | --- |
| 09.4038 | 16 473 700 |
| 09.4170 | 2 361 000 |
| 09.4204 | 2 312 000 |

Quota order number

Quantities not applied for, to be added to the quantity fixed for the subperiod 1 January to 31 March 2011

(in kg)

09.4038

16 473 700

09.4170

2 361 000

09.4204

2 312 000

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NOTICES FROM MEMBER STATES

| 19.11.2010 | EN | Official Journal of the European Union | C 315/5 |
| --- | --- | --- | --- |

19.11.2010

EN

Official Journal of the European Union

C 315/5

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Information communicated by Member States regarding closure of fisheries

2010/C 315/05

In accordance with Article 35(3) of Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy (1), a decision has been taken to close the fishery as set down in the following table:

| Date and time of closure | 30.9.2010 |
| --- | --- |
| Duration | 30.9.2010-31.12.2010 |
| Member State | France |
| Stock or Group of stocks | DGS/2AC4-C. |
| Species | Spurdog/dogfish (Squalus acanthias) |
| Zone | EU waters of IIa and IV |
| Type(s) of fishing vessels | — |
| Reference number | 664718 |

Date and time of closure

30.9.2010

Duration

30.9.2010-31.12.2010

Member State

France

Stock or Group of stocks

DGS/2AC4-C.

Species

Spurdog/dogfish (Squalus acanthias)

Zone

EU waters of IIa and IV

Type(s) of fishing vessels

—

Reference number

664718

Web link to the decision of the Member State:

http://ec.europa.eu/fisheries/cfp/fishing_rules/tacs/index_en.htm

---

(1)  OJ L 343, 22.12.2009, p. 1.

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| 19.11.2010 | EN | Official Journal of the European Union | C 315/6 |
| --- | --- | --- | --- |

19.11.2010

EN

Official Journal of the European Union

C 315/6

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Information communicated by Member States regarding closure of fisheries

2010/C 315/06

In accordance with Article 35(3) of Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy (1), a decision has been taken to close the fishery as set down in the following table:

| Date and time of closure | 21.1.2010 |
| --- | --- |
| Duration | 21.1.2010-31.12.2010 |
| Member State | France |
| Stock or Group of stocks | ANF/8C3411 |
| Species | Anglerfish (Lophiidae) |
| Zone | VIIIc, IX and X; EU waters of CECAF 34.1.1 |
| Type(s) of fishing vessels | — |
| Reference number | — |

Date and time of closure

21.1.2010

Duration

21.1.2010-31.12.2010

Member State

France

Stock or Group of stocks

ANF/8C3411

Species

Anglerfish (Lophiidae)

Zone

VIIIc, IX and X; EU waters of CECAF 34.1.1

Type(s) of fishing vessels

—

Reference number

—

Web link to the decision of the Member State:

http://ec.europa.eu/fisheries/cfp/fishing_rules/tacs/index_en.htm

---

(1)  OJ L 343, 22.12.2009, p. 1.

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V Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY

European Commission

| 19.11.2010 | EN | Official Journal of the European Union | C 315/7 |
| --- | --- | --- | --- |

19.11.2010

EN

Official Journal of the European Union

C 315/7

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Notice of initiation of an expiry review of the anti-dumping measures applicable to imports of certain stainless steel fasteners and parts thereof originating in the People's Republic of China and Taiwan

2010/C 315/07

Following the publication of a notice of impending expiry (1) of the anti-dumping measures in force on imports of certain stainless steel fasteners and parts thereof originating in the People's Republic of China and Taiwan (‘countries concerned’), the European Commission (‘the Commission’) has received a request for review pursuant to Article 11(2) of Council Regulation (EC) No 1225/2009 of 30 November 2009 on protection against dumped imports from countries not members of the European Community (2) (‘the basic Regulation’).

1.   Request for review

The request was lodged on 19 August 2010 by the European Industrial Fasteners Institute (‘EIFI’) (‘the applicant’) on behalf of producers representing a major proportion, in this case more than 25 % of the Union production of certain stainless steel fasteners and parts thereof.

2.   Product

The product under review is certain stainless steel fasteners and parts thereof, originating in the People's Republic of China and Taiwan (‘the product concerned’), currently falling within CN codes 7318 12 10, 7318 14 10, 7318 15 30, 7318 15 51, 7318 15 61 and 7318 15 70.

3.   Existing measures

The measures currently in force are a definitive anti-dumping duty imposed by Council Regulation (EC) No 1890/2005 (3).

4.   Grounds for the review

The request is based on the grounds that the expiry of the measures would be likely to result in continuation of dumping and continuation or recurrence of injury to the Union industry.

In view of the provisions of Article 2(7) of the basic Regulation, the applicant established normal value for the exporting producers from the People's Republic of China on the basis of a constructed normal value in an appropriate market economy country, which is mentioned in point 5.1(d) of this notice. The allegation of continuation of dumping is based on a comparison of normal value, as set out in the preceding sentence, with the export prices of the product concerned when sold for export to the Union.

On this basis, the dumping margin calculated is significant.

The allegation of continuation of dumping for Taiwan is based on a comparison of a constructed normal value, established on the basis of cost of production, with the export prices of the product concerned when sold for export to the Union.

On this basis, the dumping margin calculated is significant.

The applicant has provided evidence that imports of the product concerned from the People's Republic of China and Taiwan continued to enter in significant quantities.

The prima facie evidence provided by the applicant shows that the volumes of the imported product have continued, among other consequences, to have a negative impact on the quantities sold by the Union industry, resulting in substantial adverse effects on the overall performance and the financial situation of the Union industry.

The applicant further alleges the likelihood of further injurious dumping. In this respect the applicant presents evidence that, should measures be allowed to lapse, the current import level of the product concerned is likely to increase due to the potential of the manufacturing facilities of the exporting producers in the countries concerned.

In addition, it is alleged that the situation of the Union industry as described above is such that any further substantial increase of imports at dumped prices from the countries concerned would be likely to cause further injury of the Union industry should measures be allowed to lapse.

5.   Procedure

Having determined, after consulting the Advisory Committee, that sufficient evidence exists to justify the initiation of an expiry review, the Commission hereby initiates a review in accordance with Article 11(2) of the basic Regulation.

5.1.   
  Procedure for the determination of likelihood of dumping and injury

The investigation will determine whether the expiry of the measures would be likely, or unlikely, to lead to a continuation of dumping and continuation or recurrence of injury.

(a)   Sampling

In view of the apparent large number of parties involved in this proceeding, the Commission may decide to apply sampling, in accordance with Article 17 of the basic Regulation.

(i)   Sampling for exporters/producers in the People's Republic of China and Taiwan

In order to enable the Commission to decide whether sampling is necessary and, if so, to select a sample, all exporters/producers, or representatives acting on their behalf, are hereby requested to make themselves known by contacting the Commission and providing the following information on their company or companies within the time limit set in point 6(b)(i) and in the formats indicated in point 7:

| — | name, address, e-mail address, telephone and fax numbers, and contact person, |
| --- | --- |

—

name, address, e-mail address, telephone and fax numbers, and contact person,

| — | the turnover in local currency and the volume in tonnes of the product concerned sold for export to the Union during the period 1 October 2009 to 30 September 2010 for each of the 27 Member States (4) separately and in total, |
| --- | --- |

—

the turnover in local currency and the volume in tonnes of the product concerned sold for export to the Union during the period 1 October 2009 to 30 September 2010 for each of the 27 Member States (4) separately and in total,

| — | the turnover in local currency and the volume in tonnes of the product concerned sold on the domestic market during the period 1 October 2009 to 30 September 2010, |
| --- | --- |

—

the turnover in local currency and the volume in tonnes of the product concerned sold on the domestic market during the period 1 October 2009 to 30 September 2010,

| — | the turnover in local currency and the volume in tonnes for the product concerned sold to other third countries during the period 1 October 2009 to 30 September 2010, |
| --- | --- |

—

the turnover in local currency and the volume in tonnes for the product concerned sold to other third countries during the period 1 October 2009 to 30 September 2010,

| — | the precise activities of the company worldwide with regard to the product concerned, |
| --- | --- |

—

the precise activities of the company worldwide with regard to the product concerned,

| — | the names and the precise activities of all related companies (5) involved in the production and/or sales (export and/or domestic) of the product concerned, |
| --- | --- |

—

the names and the precise activities of all related companies (5) involved in the production and/or sales (export and/or domestic) of the product concerned,

| — | any other relevant information that would assist the Commission in the selection of the sample. |
| --- | --- |

—

any other relevant information that would assist the Commission in the selection of the sample.

By providing the above information, the company agrees to its possible inclusion in the sample. If the company is chosen to be part of the sample, this will imply replying to a questionnaire and accepting an on-the-spot investigation of its response. If the company indicates that it does not agree to its possible inclusion in the sample, it will be deemed not to have cooperated in the investigation. The consequences of non-cooperation are set out in point 8 below.

In order to obtain the information it deems necessary for the selection of the sample of exporters/producers, the Commission will, in addition, contact the authorities of the People's Republic of China and Taiwan, and any known associations of exporters/producers.

(ii)   Sampling for importers

In order to enable the Commission to decide whether sampling is necessary and, if so, to select a sample, all importers, or representatives acting on their behalf, are hereby requested to make themselves known to the Commission and to provide the following information on their company or companies within the time limit set in point 6(b)(i) and in the formats indicated in point 7:

| — | name, address, e-mail address, telephone and fax numbers, and contact person, |
| --- | --- |

—

name, address, e-mail address, telephone and fax numbers, and contact person,

| — | the precise activities of the company with regard to the product concerned, |
| --- | --- |

—

the precise activities of the company with regard to the product concerned,

| — | the volume in tonnes and value in EUR of imports into and resales made on the Union market during the period 1 October 2009 to 30 September 2010 of the imported product concerned originating in the countries concerned, |
| --- | --- |

—

the volume in tonnes and value in EUR of imports into and resales made on the Union market during the period 1 October 2009 to 30 September 2010 of the imported product concerned originating in the countries concerned,

| — | the names and the precise activities of all related companies (6) involved in the production and/or sales of the product concerned, |
| --- | --- |

—

the names and the precise activities of all related companies (6) involved in the production and/or sales of the product concerned,

| — | any other relevant information that would assist the Commission in the selection of the sample. |
| --- | --- |

—

any other relevant information that would assist the Commission in the selection of the sample.

By providing the above information, the company agrees to its possible inclusion in the sample. If the company is chosen to be part of the sample, this will imply replying to a questionnaire and accepting an on-the-spot investigation of its response. If the company indicates that it does not agree to its possible inclusion in the sample, it will be deemed not to have cooperated in the investigation. The consequences of non-cooperation are set out in point 8 below.

In order to obtain the information it deems necessary for the selection of the sample of importers, the Commission will, in addition, contact any known associations of importers.

(iii)   Sampling for Union producers

In view of the large number of Union producers supporting the request, the Commission intends to investigate injury to the Union industry by applying sampling.

In order to enable the Commission to decide whether sampling is necessary and, if so, to select a sample, all Union producers, or representatives acting on their behalf, are hereby requested to make themselves known to the Commission and to provide the following information on their company or companies within the time limit set in point 6(b)(i) and in the formats indicated in point 7:

| — | name, address, e-mail address, telephone and fax numbers, and contact person, |
| --- | --- |

—

name, address, e-mail address, telephone and fax numbers, and contact person,

| — | the precise activities of the company worldwide with regard to the like product (produced in the Union), |
| --- | --- |

—

the precise activities of the company worldwide with regard to the like product (produced in the Union),

| — | the value in EUR of sales of the like product made on the Union market during the period 1 October 2009 to 30 September 2010, |
| --- | --- |

—

the value in EUR of sales of the like product made on the Union market during the period 1 October 2009 to 30 September 2010,

| — | the volume in tonnes of sales of the like product made on the Union market during the period 1 October 2009 to 30 September 2010, |
| --- | --- |

—

the volume in tonnes of sales of the like product made on the Union market during the period 1 October 2009 to 30 September 2010,

| — | the volume in tonnes of the production of the like product during the period 1 October 2009 to 30 September 2010, |
| --- | --- |

—

the volume in tonnes of the production of the like product during the period 1 October 2009 to 30 September 2010,

| — | the volume in tonnes imported into the Union of the product concerned produced in the countries concerned during the period 1 October 2009 to 30 September 2010, if applicable, |
| --- | --- |

—

the volume in tonnes imported into the Union of the product concerned produced in the countries concerned during the period 1 October 2009 to 30 September 2010, if applicable,

| — | the names and the precise activities of all related companies (7) involved in the production and/or sales of the like product (produced in the Union) and the product concerned (produced in the countries concerned), |
| --- | --- |

—

the names and the precise activities of all related companies (7) involved in the production and/or sales of the like product (produced in the Union) and the product concerned (produced in the countries concerned),

| — | any other relevant information that would assist the Commission in the selection of the sample. |
| --- | --- |

—

any other relevant information that would assist the Commission in the selection of the sample.

By providing the above information, the company agrees to its possible inclusion in the sample. If the company is chosen to be part of the sample, this will imply replying to a questionnaire and accepting an on-the-spot investigation of its response. If the company indicates that it does not agree to its possible inclusion in the sample, it will be deemed to not have cooperated in the investigation. The consequences of non-cooperation are set out in point 8 below.

In order to obtain the information it deems necessary for the selection of the sample of Union producers, the Commission will, in addition, contact any known associations of Union producers.

(iv)   Final selection of the samples

All interested parties wishing to submit any relevant information regarding the selection of the samples must do so within the time limit set in point 6(b)(ii).

The Commission intends to make the final selection of the samples after having consulted the parties concerned that have expressed their willingness to be included in the sample.

Companies included in the samples must reply to a questionnaire within the time limit set in point 6(b)(iii) and must cooperate within the framework of the investigation.

If sufficient cooperation is not forthcoming, the Commission may base its findings, in accordance with Articles 17(4) and 18 of the basic Regulation, on the facts available. A finding based on facts available may be less advantageous to the party concerned, as explained in point 8.

(b)   Questionnaires

In order to obtain the information it deems necessary for its investigation, the Commission will send questionnaires to the sampled Union industry and to any known association of producers in the Union, to the sampled exporters/producers in the People's Republic of China and Taiwan and to any known associations of exporters/producers in the countries concerned, to the sampled importers, to any known association of importers, and to the authorities of the countries concerned.

(c)   Collection of information and holding of hearings

All interested parties are hereby invited to make their views known, submit information other than questionnaire replies and to provide supporting evidence. This information and supporting evidence must reach the Commission within the time limit set in point 6(a)(ii).

Furthermore, the Commission may hear interested parties, provided that they make a request showing that there are particular reasons why they should be heard. This request must be made within the time limit set in point 6(a)(iii).

(d)   Selection of the market economy country

In the previous investigation Taiwan was used as an appropriate market economy country for the purpose of establishing normal value in respect of the People's Republic of China. The Commission envisages using Taiwan again for this purpose. Interested parties are hereby invited to comment on the appropriateness of this country within the specific time limit set in point 6(c).

5.2.   
  Procedure for the assessment of Union interest

In accordance with Article 21 of the basic Regulation and in the event that the likelihood of a continuation of dumping and continuation or recurrence of injury is confirmed, a determination will be made as to whether maintaining the anti-dumping measures would not be against the Union interest. For this reason the Commission may send questionnaires to the known Union industry, importers, their representative associations, representative users and representative consumer organisations. Such parties, including those not known to the Commission, provided that they prove that there is an objective link between their activity and the product concerned, may, within the general time limits set in point 6(a)(ii), make themselves known and provide the Commission with information. The parties which have acted in conformity with the preceding sentence may request a hearing, setting out the particular reasons why they should be heard, within the time limit set in point 6(a)(iii). It should be noted that any information submitted pursuant to Article 21 of the basic Regulation will only be taken into account if supported by factual evidence at the time of submission.

6.   Time limits

(a)   General time limits

(i)   For parties to request a questionnaire

All interested parties who did not cooperate in the investigation leading to the measures subject to the present review should request a questionnaire or other claim forms as soon as possible, but not later than 15 days after the publication of this notice in the Official Journal of the European Union.

(ii)   For parties to make themselves known, to submit questionnaire replies and any other Information

All interested parties, if their representations are to be taken into account during the investigation, must make themselves known by contacting the Commission, present their views and submit questionnaire replies or any other information within 37 days of the date of publication of this notice in the Official Journal of the European Union, unless otherwise specified. Attention is drawn to the fact that the exercise of most procedural rights set out in the basic Regulation depends on the party's making itself known within the aforementioned period.

Companies selected in a sample must submit questionnaire replies within the time limit specified in point 6(b)(iii).

(iii)   Hearings

All interested parties may also apply to be heard by the Commission within the same 37-day time limit.

(b)   Specific time limit in respect of sampling

| (i) | The information specified in points 5.1(a)(i), 5.1(a)(ii) and 5.1(a)(iii) should reach the Commission within 15 days of the date of publication of this notice in the Official Journal of the European Union, given that the Commission intends to consult parties concerned that have expressed their willingness to be included in the sample on its final selection within a period of 21 days of the publication of this notice in the Official Journal of the European Union. |
| --- | --- |

(i)

The information specified in points 5.1(a)(i), 5.1(a)(ii) and 5.1(a)(iii) should reach the Commission within 15 days of the date of publication of this notice in the Official Journal of the European Union, given that the Commission intends to consult parties concerned that have expressed their willingness to be included in the sample on its final selection within a period of 21 days of the publication of this notice in the Official Journal of the European Union.

| (ii) | All other information relevant for the selection of the samples as referred to in 5.1(a)(iv) must reach the Commission within a period of 21 days of the publication of this notice in the Official Journal of the European Union. |
| --- | --- |

(ii)

All other information relevant for the selection of the samples as referred to in 5.1(a)(iv) must reach the Commission within a period of 21 days of the publication of this notice in the Official Journal of the European Union.

| (iii) | The questionnaire replies from sampled parties must reach the Commission within 37 days from the date of the notification of their inclusion in the sample, unless otherwise specified. |
| --- | --- |

(iii)

The questionnaire replies from sampled parties must reach the Commission within 37 days from the date of the notification of their inclusion in the sample, unless otherwise specified.

(c)   Specific time limit for the selection of the market economy country

Parties to the investigation may wish to comment on the appropriateness of Taiwan which, as mentioned in point 5.1(d), is envisaged as a market-economy country for the purpose of establishing normal value in respect of the People's Republic of China. These comments must reach the Commission within 10 days of the date of publication of this notice in the Official Journal of the European Union.

7.   Written submissions, questionnaire replies and correspondence

All submissions and requests made by interested parties must be made in writing (not in electronic format, unless otherwise specified) and must indicate the name, address, e-mail address, telephone and fax numbers of the interested party. All written submissions, including the information requested in this notice, questionnaire replies and correspondence provided by interested parties on a confidential basis shall be labelled as ‘Limited’ (8) and, in accordance with Article 19(2) of the basic Regulation, shall be accompanied by a non-confidential version, which will be labelled ‘For inspection by interested parties’.

Commission address for correspondence:

| European Commission |
| --- |
| Directorate-General for Trade |
| Directorate H |
| Office: N-105 04/92 |
| 1049 Bruxelles/Brussel |
| BELGIQUE/BELGIË |
| Fax +32 22956505 |

European Commission

Directorate-General for Trade

Directorate H

Office: N-105 04/92

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

Fax +32 22956505

8.   Non-cooperation

In cases in which any interested party refuses access to or does not provide the necessary information within the time limits, or significantly impedes the investigation, findings, affirmative or negative, may be made in accordance with Article 18 of the basic Regulation, on the basis of the facts available.

Where it is found that any interested party has supplied false or misleading information, the information shall be disregarded and use may be made, in accordance with Article 18 of the basic Regulation, of the facts available. If an interested party does not cooperate or cooperates only partially, and use of facts available is made, the result may be less favourable to that party than if it had cooperated.

9.   Schedule of the investigation

The investigation will be concluded, according to Article 11(5) of the basic Regulation within 15 months of the date of the publication of this notice in the Official Journal of the European Union.

10.   Possibility to request a review under Article 11(3) of the basic Regulation

As this expiry review is initiated in accordance with the provisions of Article 11(2) of the basic Regulation, the findings thereof will not lead to the level of the existing measures being amended but will lead to those measures being repealed or maintained in accordance with Article 11(6) of the basic Regulation.

If any party to the proceeding considers that a review of the level of the measures is warranted so as to allow for the possibility to amend (i.e. increase or decrease) the level of the measures, that party may request a review in accordance with Article 11(3) of the basic Regulation.

Parties wishing to request such a review, which would be carried out independently of the expiry review mentioned in this notice, may contact the Commission at the address given above.

11.   Processing of personal data

It is noted that any personal data collected in this investigation will be treated in accordance with Regulation (EC) No 45/2001 of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (9).

12.   Hearing Officer

It is also noted that if interested parties consider that they are encountering difficulties in the exercise of their rights of defence, they may request the intervention of the Hearing Officer of the Directorate-General for Trade. He acts as an interface between the interested parties and the Commission services, offering, where necessary, mediation on procedural matters affecting the protection of their interests in this proceeding, in particular with regard to issues concerning access to file, confidentiality, extension of time limits and the treatment of written and/or oral submission of views. For further information and contact details interested parties may consult the Hearing Officer's web pages of the website of the Directorate-General for Trade (http://ec.europa.eu/trade).

---

(1)  OJ C 129, 19.5.2010, p. 16.

(2)  OJ L 343, 22.12.2009, p. 51.

(3)  OJ L 302, 19.11.2005, p. 1.

(4)  The 27 Member States of the European Union are: Austria, Belgium, Bulgaria, Cyprus, the Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, and the United Kingdom.

(5)  For guidance on the meaning of related companies, please refer to Article 143 of Commission Regulation (EEC) No 2454/93 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code (OJ L 253, 11.10.1993, p. 1).

(6)  See footnote 5.

(7)  See footnote 5.

(8)  This means that the document is for internal use only. It is protected pursuant to Article 4 of Regulation (EC) No 1049/2001 of the European Parliament and of the Council regarding public access to European Parliament, Council and Commission documents (OJ L 145, 31.5.2001, p. 43). It is a confidential document pursuant to Article 19 of the basic Regulation and Article 6 of the WTO Agreement on Implementation of Article VI of the GATT 1994 (Anti-dumping Agreement).

(9)  OJ L 8, 12.1.2001, p. 1.

---

PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

| 19.11.2010 | EN | Official Journal of the European Union | C 315/13 |
| --- | --- | --- | --- |

19.11.2010

EN

Official Journal of the European Union

C 315/13

---

Prior notification of a concentration

(Case COMP/M.6057 — Carlyle/Commscope)

Candidate case for simplified procedure

(Text with EEA relevance)

2010/C 315/08

| 1. | On 12 November 2010, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking Cedar I Holding Company Inc. (‘Cedar Holding’, US), a special purpose acquisition vehicle owned and controlled by Carlyle Partners V, L.P., an investment fund sponsored by The Carlyle Group (‘Carlyle’, US), acquires within the meaning of Article 3(1)(b) of the Merger Regulation sole control over CommScope Inc. (‘CommScope’, US), by way of purchase of shares. |
| --- | --- |

1.

On 12 November 2010, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking Cedar I Holding Company Inc. (‘Cedar Holding’, US), a special purpose acquisition vehicle owned and controlled by Carlyle Partners V, L.P., an investment fund sponsored by The Carlyle Group (‘Carlyle’, US), acquires within the meaning of Article 3(1)(b) of the Merger Regulation sole control over CommScope Inc. (‘CommScope’, US), by way of purchase of shares.

| 2. | The business activities of the undertakings concerned are:






  — | for Carlyle: global alternative asset manager, which sponsors funds that invest globally across four investment disciplines (buyout, credit alternatives, growth capital and real estate) in a range of industries, |
| --- | --- | --- |

2.

The business activities of the undertakings concerned are:

—

for Carlyle: global alternative asset manager, which sponsors funds that invest globally across four investment disciplines (buyout, credit alternatives, growth capital and real estate) in a range of industries,

| — | for CommScope: provision of infrastructure solutions for communications networks. |
| --- | --- |

—

for CommScope: provision of infrastructure solutions for communications networks.

| 3. | On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the EC Merger Regulation. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under the EC Merger Regulation (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice. |
| --- | --- |

3.

On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the EC Merger Regulation. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under the EC Merger Regulation (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice.

| 4. | The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.
  Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301), by email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.6057 — Carlyle/Commscope, to the following address:





  European Commission |
| --- | --- |
| Directorate-General for Competition |
| Merger Registry |
| J-70 |
| 1049 Bruxelles/Brussel |
| BELGIQUE/BELGIË |

4.

The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.

Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301), by email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.6057 — Carlyle/Commscope, to the following address:

European Commission

Directorate-General for Competition

Merger Registry

J-70

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

---

(1)  OJ L 24, 29.1.2004, p. 1 (the ‘EC Merger Regulation’).

(2)  OJ C 56, 5.3.2005, p. 32 (‘Notice on a simplified procedure’).

---

| 19.11.2010 | EN | Official Journal of the European Union | C 315/14 |
| --- | --- | --- | --- |

19.11.2010

EN

Official Journal of the European Union

C 315/14

---

Prior notification of a concentration

(Case COMP/M.6075 — DHC/Vue Entertainment Investment)

Candidate case for simplified procedure

(Text with EEA relevance)

2010/C 315/09

| 1. | On 12 November 2010, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking DHC Limited (‘DHC’, Cayman Islands) acquires within the meaning of Article 3(1)(b) of the Merger Regulation sole control of the undertaking Vue Entertainment Investment Limited (‘Vue’, United Kingdom) by way of purchase of shares. |
| --- | --- |

1.

On 12 November 2010, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking DHC Limited (‘DHC’, Cayman Islands) acquires within the meaning of Article 3(1)(b) of the Merger Regulation sole control of the undertaking Vue Entertainment Investment Limited (‘Vue’, United Kingdom) by way of purchase of shares.

| 2. | The business activities of the undertakings concerned are:






  — | for DHC: private equity fund manager, |
| --- | --- | --- |

2.

The business activities of the undertakings concerned are:

—

for DHC: private equity fund manager,

| — | for Vue: cinema exhibition services. |
| --- | --- |

—

for Vue: cinema exhibition services.

| 3. | On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the EC Merger Regulation. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under the EC Merger Regulation (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice. |
| --- | --- |

3.

On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the EC Merger Regulation. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under the EC Merger Regulation (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice.

| 4. | The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.
  Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301), by email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.6075 — DHC/Vue Entertainment Investment, to the following address:





  European Commission |
| --- | --- |
| Directorate-General for Competition |
| Merger Registry |
| J-70 |
| 1049 Bruxelles/Brussel |
| BELGIQUE/BELGIË |

4.

The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.

Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301), by email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.6075 — DHC/Vue Entertainment Investment, to the following address:

European Commission

Directorate-General for Competition

Merger Registry

J-70

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

---

(1)  OJ L 24, 29.1.2004, p. 1 (the ‘EC Merger Regulation’).

(2)  OJ C 56, 5.3.2005, p. 32 (‘Notice on a simplified procedure’).

---

| 19.11.2010 | EN | Official Journal of the European Union | C 315/15 |
| --- | --- | --- | --- |

19.11.2010

EN

Official Journal of the European Union

C 315/15

---

Prior notification of a concentration

(Case COMP/M.6044 — Alliance Boots/Andreae-Noris Zahn)

(Text with EEA relevance)

2010/C 315/10

| 1. | On 11 November 2010, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking Alliance Boots GmbH (‘Alliance Boots’, United Kingdom) belonging to the Alliance Boots group acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of the undertaking Andreae-Noris Zahn AG (‘Anzag’, Germany), by way of purchase of shares. |
| --- | --- |

1.

On 11 November 2010, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking Alliance Boots GmbH (‘Alliance Boots’, United Kingdom) belonging to the Alliance Boots group acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of the undertaking Andreae-Noris Zahn AG (‘Anzag’, Germany), by way of purchase of shares.

| 2. | The business activities of the undertakings concerned are:






  — | Alliance Boots GmbH: wholesale distribution of pharmaceuticals and retailing of health and beauty products, |
| --- | --- | --- |

2.

The business activities of the undertakings concerned are:

—

Alliance Boots GmbH: wholesale distribution of pharmaceuticals and retailing of health and beauty products,

| — | Andreae-Noris Zahn AG: wholesaling of pharmaceutical products in Germany and related logistic services. |
| --- | --- |

—

Andreae-Noris Zahn AG: wholesaling of pharmaceutical products in Germany and related logistic services.

| 3. | On preliminary examination, the Commission finds that the notified transaction could fall within the scope the EC Merger Regulation. However, the final decision on this point is reserved. |
| --- | --- |

3.

On preliminary examination, the Commission finds that the notified transaction could fall within the scope the EC Merger Regulation. However, the final decision on this point is reserved.

| 4. | The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.
  Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301), by e-mail to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.6044 — Alliance Boots/Andreae-Noris Zahn, to the following address:





  European Commission |
| --- | --- |
| Directorate-General for Competition |
| Merger Registry |
| J-70 |
| 1049 Bruxelles/Brussel |
| BELGIQUE/BELGIË |

4.

The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.

Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301), by e-mail to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.6044 — Alliance Boots/Andreae-Noris Zahn, to the following address:

European Commission

Directorate-General for Competition

Merger Registry

J-70

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

---

(1)  OJ L 24, 29.1.2004, p. 1 (the ‘EC Merger Regulation’).

---