Opinion of the Advisory Committee on Concentrations given at the 80th meeting on 27 June 2000 concerning a preliminary draft decision relating to Case COMP/M.1813 — Industri Kapital/Dyno
Date: 2000-06-27
Institutions: Advisory Committee on Restrictive Practices and Dominant Positions
Subjects: chemical industry, competition law, dominant position, economic concentration, merger control, plastics industry

9.6.2001

EN

Official Journal of the European Communities

C 166/33

OPINION

of the Advisory Committee on Concentrations given at the 80th meeting on 27 June 2000
concerning a preliminary draft decision relating to Case COMP/M.1813 (cid:151) Industri Kapital/Dyno

(2001/C 166/09)

1. The Advisory Committee agrees with the Commission that
the proposed operation constitutes a concentration within
the meaning of Article 3(1)(b) of the Merger Regulation and
that it has a Community dimension and constitutes a coop-
eration case pursuant to Article 57 of the EEA Agreement
and Article 2(1)(c) of Protocol 24 to that Agreement and
thus the case is to be assessed by the Commission in coop-
eration with the EFTA Surveillance Authority in accordance
with Article 58 of the EEA Agreement.

2. The Advisory Committee agrees with the Commission that
there are separate markets for urea formaldehyde based
resins, phenol
formaldehyde
formaldehyde based resins,
and methanol.

3. The Advisory Committee agrees with the Commission that
as to plastic materials handling systems, it can be left open
whether plastic
stackable
containers, plastic bottle trays, plastic crates, plastic pallets
and plastic small-parts storage systems constitute separate
markets or one single market of plastic material handling
systems.

containers, plastic

stack-nest

5. The Advisory Committee agrees with the Commission that
the operation would lead to the creation of a dominant
position in urea formaldehyde based resins and phenol
formaldehyde based resins in Finland and Norway or alter-
natively in Norway and Sweden as a region;
in formal-
dehyde in Finland and to the creation or strengthening of
a dominant position in plastic stack-nest containers, plastic
stackable containers, plastic bottle trays, plastic crates and
plastic pallets in Finland, Sweden and Norway; and in plastic
small-parts storage systems in Sweden and Norway or, alter-
natively,
for plastic materials handling
systems in the Nordic region comprising Finland, Sweden
and Norway.

in the markets

6. The Advisory Committee agrees with the Commission that
the commitments proposed by the notifying party will
remove the competitive concerns raised by the notified
operation.

to full compliance with the commitments,

7. The Advisory Committee agrees with the Commission that,
the
subject
notified operation should be declared compatible with the
common market
EEA
Agreement.

functioning of

and

the

the

4. The Advisory Committee agrees with the Commission with
the geographic market definition given in the draft decision
concerning the formaldehyde based resins,
the formal-
dehyde, the methanol and the plastic materials handling
systems.

8. The Advisory Committee recommends the Commission to
take account of all the matters raised in the discussion.

9. The Advisory Committee agrees with the publication of its

opinion.