Opinion of the Advisory Committee on Concentrations given at its 81st meeting on 4 July 2000 concerning a preliminary draft decision relating to Case COMP/M.1882 — Pirelli/BICC (Text with EEA relevance)
Date: 2000-07-04
Institutions: Advisory Committee on Restrictive Practices and Dominant Positions
Subjects: advisory committee (EU), bar, copper, dominant position, economic concentration, electric cable, merger control

14.3.2003

EN

Official Journal of the European Union

C 59/25

Opinion of the Advisory Committee on Concentrations given at its 81st meeting on 4 July 2000
concerning a preliminary draft decision relating to Case COMP/M.1882 — Pirelli/BICC

(2003/C 59/05)

(Text with EEA relevance)

1.

The Advisory Committee agrees with the Commission that the notified operation:

(a) constitutes a concentration within the meaning of the Article 3(1)(b) of the EC Merger Regulation, and
that the notified operation has a Community dimension as defined by the Article 1(2) of the EC Merger
Regulation; and

(b) that it does not constitute a case of cooperation under the EEA agreement.

The majority of the Advisory Committee agrees with the Commission's definition of the relevant

2.
product markets for:

(a) general wiring;

(b) copper rod;

(c) power cables of lower voltage ranges (LV, MV);

(d) power cables of higher voltage ranges (HV, EHV).

A minority of the Advisory Committee disagrees with the Commission's definition of the relevant product
markets for (a) and (b).

The majority of the Advisory Committee agrees with the Commission's definition of the relevant

3.
geographic markets for:

(a) general wiring;

(b) copper rod;

(c) power cables of lower voltage ranges (LV, MV);

(d) power cables of higher voltage rangs (HV, EHV).

A minority of
geographic markets for (a) to (d).

the Advisory Committee disagrees with the Commission's definition of

the relevant

Another minority of the Advisory Committee disagrees with the Commission's definition of the relevant
geographic markets for (d).

The majority of the Advisory Committee agrees with the Commission that the concentration does

4.
not lead to the creation of dominant position on:

(a) general wiring;

(b) copper rod.

A minority of the Advisory Committee disagrees with the Commission in points (a) and (b).

The majority of the Advisory Committee agrees with the Commission that the concentration does

5.
not lead to the creation of

(a) single dominance of Pirelli/BICC in the LV/MV market;

(b) single dominance of Pirelli/BICC in the HV/EHV market;

(c) collective dominance of Pirelli/BICC and Alcatel in the LV/MV market;

(d) collective dominance of Pirelli/BICC and Alcatel on the HV/EHV market.

C 59/26

EN

Official Journal of the European Union

14.3.2003

A minority disagrees in points (a) to (d). Another minority disagrees in points (b) and (d).

The majority of the Advisory Committee agrees with the Commission that the notified concentration

6.
should be declared compatible with the common market.

A minority of the Advisory Committee disagrees with the Commission that the notified concentration
should be declared compatible with the common market.

The Advisory Committee recommends the publication of its opinion in the Official Journal of the

7.
European Union.

The Advisory Committee recommends the Commission to take into account the points raised by the

8.
Member States during the Advisory Committee.