Opinion of the Advisory Committee on Concentrations given at its 90th meeting on 16 January 2001 concerning a preliminary draft decision relating to Case COMP/M.2097 — SCA/Metsä Tissue (Text with EEA relevance)
Date: 2001-01-16
Institutions: Advisory Committee on Restrictive Practices and Dominant Positions
Subjects: Denmark, Finland, Norway, Sweden, dominant position, household article, toiletries

27.2.2002

EN

Official Journal of the European Communities

C 52/5

of the Advisory Committee on Concentrations given at its 90th meeting on 16 January 2001
concerning a preliminary draft decision relating to Case COMP/M.2097 (cid:151) SCA/Mets(cid:228) Tissue

OPINION

(2002/C 52/03)

(Text with EEA relevance)

1. The Advisory Committee agrees with the Commission that
the notified operation constitutes a concentration with a
Community dimension within the meaning of Article 1(3)
and Article 3(1)(b) of the EC Merger Regulation, and that
also it constitutes a case of cooperation under the EEA
Agreement.

2. The majority of the Advisory Committee agrees with the
Commission’s definitions of the relevant product markets as
stated in the draft decision. A minority is of the opinion
that branded and private label consumer products constitute
one single relevant product market.

3. The Advisory Committee agrees with the Commission’s defi-
nitions of the relevant geographic markets as stated in the
draft decision.

4. The majority of the Advisory Committee agrees with the
Commission that the concentration as notified would result
in the creation of a dominant position in the markets for
branded consumer
in
Denmark, as a result of which effective competition would
be significantly impeded in the common market within the
meaning of Article 2(3) of the Merger Regulation.

tissue and kitchen towels

toilet

5. The Advisory Committee agrees with the Commission that

the concentration as notified would result:

(a)

in the creation of a dominant position in the markets
for branded consumer toilet tissue and kitchen towels in
Sweden and Norway;

(b) in the creation of a duoplistic dominant position in the
markets for branded consumer toilet tissue and kitchen
towels in Finland;

(c)

in the creation of a dominant position in the markets
for private label consumer toilet
tissue and kitchen
towels in Sweden and Denmark;

(d) in the creation of a dominant position the the markets
for AFH toilet tissue, hand wiping tissue and general
wiping tissue in Sweden, Norway and Denmark;

(e)

in the creation of a dominant position in the AFH
health care tissue markets in Sweden and Norway; and

(f)

in the strengthening of a dominant position in the
markets for AFH toilet tissue, hand-wiping tissue and
general wiping tissue products in Finland;

as a result of which effective competition would be
significantly impeded in the common market within the
meaning of Article 2(3) of the Merger Regulation.

6. The majority of the Advisory Committee agrees with the
Commission that the commitments offered by the parties
were not adequate to solve the problems identified by the
Commission.

7. The majority of the Advisory Committee agrees with the
Commission that
the notified concentration should be
declared incompatible with the common market and with
the functioning of the EEA Agreement.

8. The Advisory Committee invites the Commission to take
into account all the points raised during the discussion,
especially those with regard to the definition of
the
geographical markets.

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