# C_2008006EN.01000801.xml

| 11.1.2008 | EN | Official Journal of the European Union | C 6/8 |
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11.1.2008

EN

Official Journal of the European Union

C 6/8

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Opinion of the Advisory Committee on concentrations given at its 145th meeting on 1 December 2006 concerning a draft decision relating to Case COMP/M.4187 — Metso/Aker Kvaerner

(2008/C 6/05)

| 1. | The Advisory Committee agrees with the Commission that the notified operation constitutes a concentration within the meaning of the Merger Regulation (EC) No 139/2004 of the Council and that it can be deemed to have a Community dimension pursuant to Article 4(5) of that Regulation. |
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1.

The Advisory Committee agrees with the Commission that the notified operation constitutes a concentration within the meaning of the Merger Regulation (EC) No 139/2004 of the Council and that it can be deemed to have a Community dimension pursuant to Article 4(5) of that Regulation.

| 2. | The Advisory Committee agrees with the Commission that for the purpose of assessing the present operation, the relevant product markets as concerns Digesters are:






  (a) | digesters for new mills; |
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2.

The Advisory Committee agrees with the Commission that for the purpose of assessing the present operation, the relevant product markets as concerns Digesters are:

(a)

digesters for new mills;

| (b) | batch digesters for rebuild projects; |
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(b)

batch digesters for rebuild projects;

| (c) | continuous digesters for rebuild projects. |
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(c)

continuous digesters for rebuild projects.

| 3. | The Advisory Committee agrees with the Commission that for the purpose of assessing the present operation, the relevant product markets as concerns Washing, delignification, bleaching equipment are:






  (a) | equipment for the brown stock washing stage for new mills; |
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3.

The Advisory Committee agrees with the Commission that for the purpose of assessing the present operation, the relevant product markets as concerns Washing, delignification, bleaching equipment are:

(a)

equipment for the brown stock washing stage for new mills;

| (b) | equipment for the delignification stage for new mills; |
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(b)

equipment for the delignification stage for new mills;

| (c) | equipment for the bleaching stage for new mills; |
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(c)

equipment for the bleaching stage for new mills;

| (d) | equipment for the brown stock washing stage for rebuild projects; |
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(d)

equipment for the brown stock washing stage for rebuild projects;

| (e) | equipment for the delignification stage for rebuild projects; |
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(e)

equipment for the delignification stage for rebuild projects;

| (f) | equipment for the bleaching stage for rebuild projects. |
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(f)

equipment for the bleaching stage for rebuild projects.

| 4. | The Advisory Committee agrees with the Commission that for the purpose of assessing the present operation, the relevant geographic markets are worldwide for all of the above mentioned product markets. |
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4.

The Advisory Committee agrees with the Commission that for the purpose of assessing the present operation, the relevant geographic markets are worldwide for all of the above mentioned product markets.

| 5. | The Advisory Committee agrees with the Commission that the proposed concentration is likely to result in a significant impediment to effective competition in the common market or in a substantial part of it and the EEA for digesters for new mills. |
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5.

The Advisory Committee agrees with the Commission that the proposed concentration is likely to result in a significant impediment to effective competition in the common market or in a substantial part of it and the EEA for digesters for new mills.

| 6. | The Advisory Committee agrees with the Commission that the proposed concentration does not significantly impede effective competition in the common market or in a substantial part of it and the EEA for the following markets:






  (a) | batch digesters for rebuild projects; |
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6.

The Advisory Committee agrees with the Commission that the proposed concentration does not significantly impede effective competition in the common market or in a substantial part of it and the EEA for the following markets:

not

(a)

batch digesters for rebuild projects;

| (b) | continuous digesters for rebuild projects. |
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(b)

continuous digesters for rebuild projects.

| 7. | The Advisory Committee agrees with the Commission that the proposed concentration is likely to result in a significant impediment to effective competition in the common market or in a substantial part of it and the EEA for the following markets:






  (a) | equipment for the brown stock washing stage for new mills; |
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7.

The Advisory Committee agrees with the Commission that the proposed concentration is likely to result in a significant impediment to effective competition in the common market or in a substantial part of it and the EEA for the following markets:

(a)

equipment for the brown stock washing stage for new mills;

| (b) | equipment for the delignification stage for new mills; |
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(b)

equipment for the delignification stage for new mills;

| (c) | equipment for the bleaching stage for new mills; |
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(c)

equipment for the bleaching stage for new mills;

| (d) | equipment for the brown stock washing stage for rebuild projects; |
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(d)

equipment for the brown stock washing stage for rebuild projects;

| (e) | equipment for the delignification stage for rebuild projects; |
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(e)

equipment for the delignification stage for rebuild projects;

| (f) | equipment for the bleaching stage for rebuild projects. |
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(f)

equipment for the bleaching stage for rebuild projects.

| 8. | The Advisory Committee agrees that the competition concerns arising from the proposed concentration will not be outweighed by the potential benefits. |
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8.

The Advisory Committee agrees that the competition concerns arising from the proposed concentration will not be outweighed by the potential benefits.

| 9. | The Advisory Committee agrees with the Commission that the commitments concerning the Digester business of Metso are sufficient to remove the significant impediments to effective competition in the market defined in Question 5 (digesters for new mills). |
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9.

The Advisory Committee agrees with the Commission that the commitments concerning the Digester business of Metso are sufficient to remove the significant impediments to effective competition in the market defined in Question 5 (digesters for new mills).

| 10. | The Advisory Committee agrees with the Commission that the commitments concerning the WOB business of Kvaerner are sufficient to remove the significant impediments to effective competition in the markets defined in Question 7. |
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10.

The Advisory Committee agrees with the Commission that the commitments concerning the WOB business of Kvaerner are sufficient to remove the significant impediments to effective competition in the markets defined in Question 7.

| 11. | The Advisory Committee agrees with the Commission that, subject to full compliance with the commitments offered by the parties, and considered all commitments together, the proposed concentration does not significantly impede effective competition in the common market or a substantial part of it, in particular as a result of the creation or strengthening of a dominant position, within the meaning of Article 2(2), 8(2) and 10(2) of the Merger Regulation and that the proposed concentration is therefore to be declared compatible with the Common Market and with the EEA Agreement. |
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11.

The Advisory Committee agrees with the Commission that, subject to full compliance with the commitments offered by the parties, and considered all commitments together, the proposed concentration does not significantly impede effective competition in the common market or a substantial part of it, in particular as a result of the creation or strengthening of a dominant position, within the meaning of Article 2(2), 8(2) and 10(2) of the Merger Regulation and that the proposed concentration is therefore to be declared compatible with the Common Market and with the EEA Agreement.

| 12. | The Advisory Committee asks the Commission to take into account all the other points raised during the discussion. |
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12.

The Advisory Committee asks the Commission to take into account all the other points raised during the discussion.

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