Opinion of the Advisory Committee on Concentrations given at the 102nd meeting on 19 October 2001 concerning a preliminary draft decision relating to case COMP/M.2416 — Tetra Laval/Sidel (Text with EEA relevance)
Date: 2004-02-13
Institutions: Advisory Committee on Restrictive Practices and Dominant Positions
Subjects: advisory committee (EU), competition law, dominant position, economic concentration, packaging, preparation for market

13.2.2004

EN

Official Journal of the European Union

C 39/3

Opinion of the Advisory Committee on Concentrations given at the 102nd meeting on 19 October
2001 concerning a preliminary draft decision relating to case COMP/M.2416 — Tetra Laval/Sidel

(2004/C 39/03)

(Text with EEA relevance)

1. The Advisory Committee agrees with the Commission that the notified operation constitutes a concen-
tration within the meaning of Article 3(1)(b) of the EC Merger Regulation and Article 57 in the EEA
agreement.

2. The Advisory Committee agrees with the Commission that the notified operation has a Community

dimension within the meaning of Article 1(2) of the EC Merger Regulation.

3. A majority of the Advisory Committee agrees with the Commission that PET and carton packaging

systems belong to distinct but closely related neighbouring markets. A minority disagrees.

4. A majority of the Advisory Committee agrees with the Commission that on the level of equipment
(carton machines or PET filling machines) the market should be segmented into (a) aseptic and (b)
non-aseptic packaging systems and further by end use, in particular sensitive products. A minority
disagrees.

5. The Advisory Committee agrees with the Commission that within the PET packaging sector there are

the following relevant product markets:

— low capacity SBM machines,

— high capacity SBM machines,

— barrier technologies, including multilayer, plasma, barrier coating and monolayer,

— aseptic PET filling machines,

— non-aseptic PET filling machines,

— PET preforms divided into standard and barrier preforms.

6. The Advisory Committee agrees with the Commission that within the carton packaging sector there

are the following relevant product markets:

— aseptic carton packaging machines,

— aseptic cartons,

— non-aseptic carton packaging machines,

— non-aseptic cartons.

7. The Advisory Committee agrees with the Commission that the relevant geographic market for all the

above product markets is the EEA.

8. The Advisory Committee agrees with the Commission that the notified operation will create a
in particular SBM machines used

dominant position in the market for PET packaging equipment,
for sensitive product segments in the EEA.

9. A majority of the Advisory Committee agrees with the Commission that the notified operation will
strengthen a dominant position in aseptic carton packaging equipment and aseptic cartons in the EEA.

10. However, a minority of the Advisory Committee wish to qualify that they retained doubts that a case

has been made to support the leveraging theory.

C 39/4

EN

Official Journal of the European Union

13.2.2004

11. A majority of the Advisory Committee agrees with the Commission that the commitments submitted
by the parties on 9 October 2001 will not remove all the competition concerns of the notified
operation as identified above and in the draft decision.

12. A minority disagrees because they considered that the two divestment commitments remove all the

competition concerns of the notified operation as identified above and in the draft decision.

13. A majority of the Advisory Committee agrees with the Commission that the notified operation shall
be declared incompatible with the common market and the functioning of the EEA Agreement. A
minority disagrees.

14. The Advisory Committee asks the Commission to take account of all points raised during the meeting

and recommends the publication of its opinion in the Official Journal of the European Union.

Opinion of the Advisory Committee on Concentrations given at the 88th meeting on 4 December
2000 concerning a preliminary draft decision relating to case COMP/M.2060 — Bosch/Rexroth

(2004/C 39/04)

(Text with EEA relevance)

1. The Advisory Committee agrees with the Commission that the notified operation constitutes a concen-

tration according to Article 3(1)(b) of the Merger Regulation.

2. The Advisory Committee agrees with the Commission that the notified operation has a Community

dimension as defined in Article 1(2) of the Merger Regulation.

3. The Advisory Committee agrees with the Commission that the relevant product market should be

defined as the market for industrial hydraulic piston pumps.

4. The Advisory Committee agrees with the Commission that the relevant geographic market should be

defined as EEA-wide in scope.

5. The Advisory Committee agrees with the Commission that the concentration would create a dominant

position on the market for industrial hydraulic piston pumps in the EEA.

6. The Advisory Committee agrees with the Commission that the commitments submitted by the parties
would remove the competitive concerns of the concentration as identified above and in the draft
decision.

7. The Advisory Committee agrees with the Commission that the notified operation — subject to full
compliance with the commitments submitted by the parties — should be declared compatible with the
common market and the functioning of the EEA Agreement.

8. The Advisory Committee invites the Commission to take account of all points raised during its
discussions and recommends the publication of its opinion in the Official Journal of the European Union.