WRITTEN QUESTION No. 2292/97 by Giacomo SANTINI to the Commission. Market concentration in the industrial batteries sector
Date: 1997-06-26
Institutions: European Parliament, SANTINI
Subjects: Germany, anti-trust legislation, competition policy, dominant position, economic concentration, electricity storage device, group of companies, merger control, monopoly

C 45/168

EN

Official Journal of the European Communities

10. 2. 98

Answer given by Mr Fischler on behalf of the Commission

(1 August 1997)

The Commission accepts that serious animal welfare problems have come to light in respect of a number of
reported incidents involving shipments of livestock from the Community to the Middle East and North Africa.

The Commission has examined the possibility of linking the payment of export refunds to the observance of
adequate animal welfare provisions.

In this connection the Commission has recently presented a proposal (1) to the Council under which the payment
of export refunds would be subject to compliance by trade operators with the provisions of Directive 91/628/EEC
on the protection of animals during transport and amending Directives 90/425/EEC and 91/496/EEC (2).

(1)  COM(97) 161 final.
(2)  OJ L 340, 11.12.1991.

(98/C 45/221)

WRITTEN QUESTION P-2292/97

by Giacomo Santini (UPE) to the Commission

(26 June 1997)

Subject: Market concentration in the industrial batteries sector

On 31 May 1997 the EXIDE Verwaltungs GmbH Group of Buedingen, a company descended from the EXIDE
Corporation  based  in  Bloomfield  Hills,  Michigan,  which  is  a  world  leader  in  the  industrial  batteries  sector,
accounting for 35% of the market, acquired a 100% stake in the lead battery maker DETA Akkumulatorenwerk
GmbH of Bad Lauterberg and MAREG Akkumulatoren GmbH of Duisburg.

This acquisition will lead to a further concentration of the market in this sector, with the result that the (already
unacceptable) oligopoly will now verge on a monopoly. In 1996 the EXIDE Group had a turnover of around
$2.3 billion, of which $1.6 billion was in the EU, and recently acquired two of the leading European battery
producers, TUDOR and CEAG, as well as acquiring many other companies in the past few years.

Does the Commission not believe that it should investigate whether this operation is creating a dominant market
position  and  inform  the  supervisory  authority  in  Germany,  the  competent  Community  institutions  and  the
European Parliament?

Answer given by Mr Van Miert on behalf of the Commission

(17 July 1997)

The operation mentioned by the Honourable Member does not fall within the Commission’s jurisdiction under
the Community competition rules, in particular Council Regulation No 4064/89 on the control of concentrations
between  undertakings (1).  The  acquired  companies  do  not  achieve  the  turnover  threshold  of  250  MECU  at
Community level as established by the Regulation, thus the concentration does not have the dimension required
to fall under the Community merger rules.

Consequently, the national antitrust authorities, and in particular for the present case the Bundeskartellamt in
Germany, have jurisdiction on the concentration. The Commission is aware that the Bundeskartellamt has started
an examination procedure, now in progress, whereby customers and competitors of the companies concerned
have been requested to submit their comments on the operation. If the Honourable Member wishes to pursue his
request further, the Commission suggests that he contacts the German authority.

(1)  OJ L 395, 30.12.1989.