Non-opposition to a notified concentration (Case COMP/M.2544 — Masterfoods/Royal Canin) (Text with EEA relevance)
Date: 2002-04-03
Institutions: European Commission
Subjects: Publications Office of the European Union, database, dissemination of EU information, economic concentration, merger control, restrictive-practice authorisation

C 79/10

EN

Official Journal of the European Communities

3.4.2002

42. The Commission considers

the car framework,

that, according to Article
3(2)(c) of
the cost benefit analysis
should in the present case be carried out comparing the
chosen site of Bridgend with a hypothetical alternative site
within the EEA of CEECs. Such cost benefit analysis is
required by the Commission if
the
planned regional aid is higher than 10 % of the regional
ceiling.

the intensity of

43. The Commission also notes that the amount considered as
eligible investment differs in the notification letter, where
GBP 213 million eligible investment is reported, and in
the CBA, where reported eligible investment amounts to
GBP 271,6 million. The Commission doubts that only
eligible costs were included in the CBA and for the calcu-
lation of the aid intensity, and therefore that the reported
aid intensity of 5,37 % is correct. In order to clarify this
point, the Commission needs further clarification on the
costs. The
exact
Commission would also ask the UK authorities to use
the year 2000 for the calculation of
the net present
value of the investment and aid streams.

amount

eligible

timing

and

of

4. DECISION

44. In the

light of

the
Commission, acting under the procedure laid down in
the United
Article 88(2) of

the EC Treaty,

considerations,

foregoing

requests

the

its comments and to provide all
Kingdom to submit
such information as may help to assess the aid, within
one month of the date of receipt of this letter. Among
other information, the Commission requests:

— the necessary information in order

the
training aid measure under the training aid Regulation,

to assess

— a CBA analysis comparing the costs of carrying out the
project in the chosen site of Bridgend with the costs of
carrying out an identical project in a hypothetical site
in the EEA of CEECs,

— a

of

detailed

account

amount
considered as eligible by the UK authorities, and of
the calculation of
the
regional aid measure.

the net grant equivalent of

investment

the

45. The Commission requests your authorities to forward a
copy of this letter to the potential recipient of the aid
immediately.

46. The Commission wishes to remind the United Kingdom
that Article 88(3) of the EC Treaty has suspensory effect,
and would draw your attention to Article 14 of Council
Regulation (EC) No 659/1999, which provides that all
unlawful aid may be recovered from the recipient.’

Non-opposition to a notified concentration

(Case COMP/M.2544 — Masterfoods/Royal Canin)

(2002/C 79/05)

(Text with EEA relevance)

On 15 February 2002 the Commission decided not to oppose the above notified concentration and to
declare it compatible with the common market. This decision is based on Article 6(2) of Council Regu-
lation (EEC) No 4064/89. The full text of the decision is only available in English and will be made public
after it is cleared of any business secrets it may contain. It will be available:

— as a paper version through the sales offices of the Office for Official Publications of the European

Communities (see list on the last page),

— in electronic form in the ‘CEN’ version of the CELEX database, under document No 302M2544. CELEX

is the computerised documentation system of European Community law.

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