Prior notification of a concentration (Case COMP/M.2650 — Haniel/Cementbouw/JV (CVK)) (Text with EEA relevance)
Date: 2002-02-06
Institutions: European Commission
Subjects: building industry, economic concentration, merger control

6.2.2002

EN

Official Journal of the European Communities

C 33/19

5. The Director considers this amendment to be deregulatory

for the following reasons:

(i) In its present form, Condition 17 imposes a burden on
licensees by prohibiting the use of ACE where the
resultant call does not consist of
live speech, unless
written consent has been obtained from the recipient
of the call;

(ii) the proposed modification reduces

this burden by
removing the requirement that consent be obtained in

writing. It does not remove any necessary protection as
the retention of
to obtain consent,
the requirement
albeit not in writing, will ensure adequate consumer
protection; and

(iii) the modification will not unduly disadvantage any
person holding a licence granted under section 7 of
the Act to a particular person as the proposed modifi-
cation will apply to all licence holders which have been
designated under section 9 of the Act as having public
telecommunication systems.

Prior notification of a concentration

(Case COMP/M.2650 (cid:151) Haniel/Cementbouw/JV (CVK))

(2002/C 33/11)

(Text with EEA relevance)

1.
On 24 January 2002 the Commission received notification of a proposed concentration pursuant to
Article 4 of Council Regulation (EEC) No 4064/89 (1), as last amended by Regulation (EC) No 1310/97 (2),
by which the undertakings Haniel Bau-Industrie GmbH (Haniel, Germany), controlled by Franz
Haniel & Cie GmbH, and Cementbouw Handel & Industrie BV (Cementbouw, Netherlands), belonging to
CVC Capital Partners Group Ltd (CVC, Channel
joint control within the
meaning of Article 3(1)(b) of the Regulation, of the undertaking Co(cid:246)peratieve Verkoop- en Produktiev-
ereniging van Kalkzandsteenproducenten (CVK, Netherlands) by way of a purchase of shares from RAG AG
(Germany).

Islands), acquired,

in 1999,

2.

The business activities of the undertakings concerned are:

(cid:151) Haniel: manufacture and sale of building materials, raw materials and fixtures,

(cid:151) Cementbouw: manufacture and sale of building materials and ready-mix concrete, trade of building

materials and raw materials, DIY centres,

(cid:151) CVC: asset management and consultancy services to investment funds,

(cid:151) CVK: manufacture and sale of sand lime products for the building industry.

On preliminary examination, the Commission finds that the notified concentration could fall within

3.
the scope of Regulation (EEC) No 4064/89. However, the final decision on this point is reserved.

The Commission invites interested third parties to submit

4.
proposed operation.

their possible observations on the

Observations must reach the Commission not later than 10 days following the date of this publication.
Observations can be sent by fax (No (32-2) 296 43 01 or 296 72 44) or by post, under reference
COMP/M.2650 (cid:151) Haniel/Cementbouw/JV (CVK) to:

European Commission,
Directorate-General for Competition,
Directorate B (cid:151) Merger Task Force,
J-70,
B-1049 Brussels.

(1) OJ L 395, 30.12.1989, p. 1; corrigendum: OJ L 257, 21.9.1990, p. 13.
(2) OJ L 180, 9.7.1997, p. 1; corrigendum: OJ L 40, 13.2.1998, p. 17.