Prior notification of a concentration (Case COMP/M.2981 — Knauf/Alcopor) — Candidate case for simplified procedure (Text with EEA relevance)
Date: 2002-11-20
Institutions: European Commission
Subjects: building materials, economic concentration, exchange of information, merger control, plaster, sound insulation, thermal insulation

20.11.2002

EN

Official Journal of the European Communities

C 283/17

6.3. Franchises

the franchise formula.

40. For the small number of Leffe or Hoegaarden franchises,
Interbrew will
limit the non-compete obligation to the
type of beer (draught, bottled and canned) that is subject
impose a
of
minimum purchase obligation for this type of beer of
25 % of all beer purchases. For the Radio 2 franchise
system, there will not be any non-compete obligation or
quantity forcing clause.

It will, however,

41. This means that in future any Leffe or Hoegaarden fran-
chisee will be free to purchase and resell any type of beer
(be it draught, bottled or canned) from third brewers, with
the exception of abbey beer for a Leffe pub or wheat beer
for a Hoegaarden pub. A Radio 2 franchisee will be free to
purchase and resell any type of beer from third brewers
(draught, bottled and canned).

42. As stated above (paragraph 18), Interbrew owns most fran-
chised outlets or rents them as head lessee.
Interbrew
reserves itself the right to convert the existing franchise
contracts into a sublease contract.
it will
impose the loosened quantity forcing clause for lease/
sublease contracts without combining it with the 25 %
minimum purchase obligation for the ‘franchise beer’.

In that case,

6.4. Concessions

44. This means that the outlet operator who effectively run the
concession will be free to sell draught Trappist beer and all
other types of beer in bottles and cans.

6.5.

‘Afstand openingstaks’

45. Interbrew has informed the Commission that it will no
longer
impose non-compete obligations or quantity
forcing clauses on outlet operators who take over the
from Interbrew within one year after Interbrew
outlet
has terminated its exploitation.

V. CONCLUSION

In view of the amendments of the notified agreements, the
Commission intends to take a favourable position in respect
of these agreements. Before adopting a favourable position, the
Commission invites third parties to send their observations
within one month of the publication of this notice by mail
to the following address or by fax to the following number
quoting the reference Case COMP/A37.904/F3 — Interbrew:

European Commission
Directorate-General for Competition
Directorate F
B-1049 Brussels
Fax (32-2) 296 98 02.

43. Interbrew will treat the 100 or so concession agreements
the (sub)lease contracts. Where
in the same way as
Interbrew wins
the situation is very
similar to that where Interbrew is the head lessee. It will
appoint an outlet operator as sublessee and the latter will
be subject to the non-compete obligation for lease/sublease
contracts.

the concession,

its observations contain business
If a party considers that
secrets,
it must indicate the passages which in its opinion
ought not to be disclosed on the ground that they contain
business secrets or other confidential material, and state the
reasons. If the Commission does not receive a request with
reasons it will assume that the observations do not contain
any confidential information.

Prior notification of a concentration

(Case COMP/M.2981 — Knauf/Alcopor)

Candidate case for simplified procedure

(2002/C 283/06)

(Text with EEA relevance)

On 12 November 2002 the Commission received notification of a proposed concentration pursuant
1.
to Article 4 of Council Regulation (EEC) No 4064/89 (1), as
last amended by Regulation (EC)
No 1310/97 (2), by which the French undertaking Knauf La Rhénana SAS, belonging to the German
Knauf Group (Knauf), acquires, within the meaning of Article 3(1)(b) of the Regulation, control of the
Swiss undertaking Alcopor Knauf Holding AG (Alcopor) by way of purchase of shares.

2.

The business activities of the undertakings concerned are:

— Knauf manufacture of thermal and acoustic insulation products, gypsum and gypsum products, and

other building materials,

— Alcopor: manufacture of thermal and acoustic insulation products.

(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.

C 283/18

EN

Official Journal of the European Communities

20.11.2002

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. Pursuant
to the Commission Notice on a simplified procedure for treatment of certain concentrations under
Regulation (EEC) No 4064/89 (1), it should be noted that this case is a candidate for treatment under
the procedure set out in the notice.

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.2981 — Knauf/Alcopor, to:

European Commission,
Directorate-General for Competition,
Directorate B — Merger Task Force,
J-70,
B-1049 Brussels.

(1) OJ C 217, 29.7.2000, p. 32.

Prior notification of a concentration

(Case COMP/M.3013 — Carlyle Group/Edscha)

(2002/C 283/07)

(Text with EEA relevance)

1.
On 13 November 2002 the Commission received a 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 Cayman Islands-based undertaking CEP General Partner LP, belonging to the
US-based The Carlyle Group (Carlyle), acquires, within the meaning of Article 3(1)(b) of the Regulation,
control of the whole of the German undertaking Edscha AG (Edscha) by way of purchase of shares.

2.

The business activities of the undertakings concerned are:

— Carlyle: private equity investment group controlling a wide range of companies among which the
automotive components and aluminium extrusions producer Honsel International Technologies,

— Edscha: manufacture of automotive components,

in particular, hinge systems and convertible roof

systems.

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.3013 — Carlyle Group/Edscha, to:

European Commission,
Directorate-General for Competition,
Directorate B — 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.