# C_2006052EN.01000401.xml

| 2.3.2006 | EN | Official Journal of the European Union | C 52/4 |
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2.3.2006

EN

Official Journal of the European Union

C 52/4

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Opinion of the Advisory Committee on concentrations given at its 128th meeting on 23 September 2004 concerning a preliminary Draft Decision in case COMP/M.3099 — Areva/Urenco/ETC

th

(2006/C 52/04)

| 1) | The Advisory Committee agrees with the Commission that the notified operation constitutes a concentration within the meaning of Article 3(1)(b) of the Merger Regulation. |
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1)

The Advisory Committee agrees with the Commission that the notified operation constitutes a concentration within the meaning of Article 3(1)(b) of the Merger Regulation.

| 2) | The Advisory Committee agrees that the relevant product market definitions given in the draft decision namely:






  a) | supply of equipment to enrich uranium |
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2)

The Advisory Committee agrees that the relevant product market definitions given in the draft decision namely:

a)

supply of equipment to enrich uranium

| b) | enriched uranium |
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b)

enriched uranium

are correct.

| 3) | The Advisory Committee agrees with the geographic market definitions given in the draft decision concerning the following markets:






  a) | supply of equipment to enrich uranium as worldwide |
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3)

The Advisory Committee agrees with the geographic market definitions given in the draft decision concerning the following markets:

a)

supply of equipment to enrich uranium as worldwide

| b) | enriched uranium as European or wider, but left open. |
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b)

enriched uranium as European or wider, but left open.

| 4) | The Advisory Committee agrees with the Commission that the proposed concentration could lead to the creation of a joint dominant position for Areva and Urenco on the hypothetical EU enrichment market within the meaning of Art. 2(3) of the Merger Regulation. |
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4)

The Advisory Committee agrees with the Commission that the proposed concentration could lead to the creation of a joint dominant position for Areva and Urenco on the hypothetical EU enrichment market within the meaning of Art. 2(3) of the Merger Regulation.

| 5) | The Advisory Committee agrees with the Commission that there is a risk that the creation of the joint venture could have as its effect the coordination of the parties' competitive behaviour in uranium enrichment on either the EU or wider market, in the sense of Article 2(4) of the Merger Regulation. |
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5)

The Advisory Committee agrees with the Commission that there is a risk that the creation of the joint venture could have as its effect the coordination of the parties' competitive behaviour in uranium enrichment on either the EU or wider market, in the sense of Article 2(4) of the Merger Regulation.

| 6) | The majority of the Advisory Committee believes that the commitments submitted on 3 September 2004 by the parties remove the serious doubts raised in the case and make the concentration compatible with the common market. |
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6)

The majority of the Advisory Committee believes that the commitments submitted on 3 September 2004 by the parties remove the serious doubts raised in the case and make the concentration compatible with the common market.

| 7) | The Advisory Committee agrees with the publication of its opinion in the Official Journal of the European Union. |
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7)

The Advisory Committee agrees with the publication of its opinion in the Official Journal of the European Union.

Official Journal of the European Union

| 8) | A minority of Member States in agreeing to these Commitments clarified their position by reference to the ‘serious doubts’ status of the decision, and also by reference to the specificities of the nuclear industry, which is highly regulated. |
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8)

A minority of Member States in agreeing to these Commitments clarified their position by reference to the ‘serious doubts’ status of the decision, and also by reference to the specificities of the nuclear industry, which is highly regulated.

| 9) | The Advisory Committee asks the Commission to take into account all the other points raised during the discussion. |
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9)

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

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