Opinion of the Advisory Committee on Concentrations given at the 77th meeting on 14 April 2000 concerning a preliminary draft decision relating to Case COMP/M.1693 — Alcoa/Reynolds
Date: 2000-04-14
Institutions: Advisory Committee on Restrictive Practices and Dominant Positions
Subjects: advisory committee (EU), aluminium, dominant position, economic concentration, metallurgical industry, restriction on competition

C 53/14

EN

Official Journal of the European Communities

28.2.2002

Opinion of the Advisory Committee on Concentrations given at the 77th meeting on 14 April
2000 concerning a preliminary draft decision relating to Case COMP/M.1693 (cid:151) Alcoa/Reynolds

(2002/C 53/07)

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, it has a
Community dimension as defined by Article 1(2) of the
Regulation and it constitutes a case of cooperation under
the EEA Agreement.

2. The Advisory Committee agrees with the Commission’s defi-

nition of the relevant product markets for:

(a) smelter grade alumina,

(b) commodity alumina hydrate, and

(c) high purity P0404 aluminium.

3. The Advisory Committee agrees with the Commission’s defi-

nition of the relevant geographic markets for:

(a) smelter grade alumina,

(b) commodity alumina hydrate, and

(c) high purity P0404 aluminium.

4. The Advisory Committee agrees with the views of

the
Commission expressed in the draft decision that the concen-
tration will create a single dominance position in the
markets for:

(a) smelter grade alumina,

(b) commodity alumina hydrate, and

(c) high purity P0404 aluminium.

on the geographic markets considered, as result of which
competition within the common market and the EEA will
be significantly impeded.

5. The majority of

the Advisory Committee reserves their
position considering the limited amount of time available
to make an assessment of the commitments proposed by
Aloca on 12 April 2000 and will give their opinion in
writing. A minority agrees with the Commission that the
said commitments would remove the competitive concerns
of the notified operation in the markets identified by the
Commission. Another minority does not agree with the
commitments because
the
they were
deadline of Article 18(2) of Commission Regulation (EC)
No 447/98.

submitted past

6. The majority of

that, subject

the Advisory Committee reserves their
to full compliance
position as to the fact
with the submitted commitments,
the proposed concen-
tration can be declared compatible with the common
market and the functioning of EEA Agreement and will
give their opinion in writing. A minority agrees with the
Commission that,
to full compliance with the
submitted commitments, the proposed concentration can
be declared compatible with the common market and the
functioning of EEA Agreement. Another minority does not
agree because the commitments were submitted past the
deadline of Article 18(2) of Regulation (EC) No 447/98.

subject

7. The Advisory Committee asks the Commission to take
account of the other points raised during the discussion
of this case.

8. The Advisory Committee recommends the publication of its
opinion in the Official Journal of the European Communities.