Non-opposition to a notified concentration (Case COMP/M.3228 — Nestlé/Colgate-Palmolive JV) (Text with EEA relevance)
Date: 2003-12-19
Institutions: European Commission
Subjects: cosmetic product, economic concentration, exchange of information, foodstuff, mass-consumption product, merger control

C 309/10

EN

Official Journal of the European Union

19.12.2003

Commission address for correspondence:

9. SCHEDULE OF THE INVESTIGATION

European Commission
Directorate General for Trade
Directorate B
Office: J-79 5/16
Fax (32-2) 295 65 05
Telex COMEU B 21877

8. NON-COOPERATION

In cases in which any interested party refuses access to or does
not provide the necessary information within the time limits,
or significantly impedes the investigation, provisional or final
findings, affirmative or negative, may be made in accordance
with Article 18 of the basic Regulation, on the basis of the
facts available.

Where it is found that any interested party has supplied false or
misleading information, the information shall be disregarded
and use may be made, in accordance with Article 18 of the
basic Regulation, of the facts available. If an interested party
does not cooperate, or cooperates only partially, and use of the
best facts available is made, the result may be less favourable
than if it had cooperated.

The investigation will be concluded, according to Article 6(9)
of the basic Regulation within 15 months of the date of the
publication of this notice in the Official Journal of the European
the basic Regulation,
Union. According to Article 7(1) of
provisional measures may be imposed no later than nine
months from the publication of
this notice in the Official
Journal of the European Union.

10. INVESTIGATION PERIOD

that

to the initiation of

The investigation period for dumping covers the period from 1
January 2003 to 31 December 2003. Article 6(1) of the Basic
the investigation period should
Regulation stipulates
normally end immediately prior
the
proceeding. However, given the particular circumstances of
this case, the Commission considered that it was more appro-
priate to select an investigation period coinciding with the
calendar year 2003. According to the information available
to the Commission,
the calendar year corresponds to the
fiscal year of most exporters and Community producers,
which facilitates the collection of data and subsequent verifi-
cations. For this reason, and furthermore taking into account
that the present investigation is initiated almost at the end of
the year 2003, it was considered appropriate to use data of the
calendar year, rather than the 12 months immediately prior to
the initiation.

Non-opposition to a notified concentration

(Case COMP/M.3228 — Nestlé/Colgate-Palmolive JV)

(2003/C 309/04)

(Text with EEA relevance)

On 10 December 2003, 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(1)(b) of Council
Regulation (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 303M3228. CELEX

is the computerised documentation system of European Community law.

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