Opinion of the Advisory Committee on Concentrations given at its 100th meeting on 19 September 2001 and continuing on 28 September 2001 concerning a preliminary draft decision relating to case COMP/M.2283 — Schneider/Legrand (Text with EEA relevance)
Date: 2004-04-06
Institutions: Advisory Committee on Concentrations
Subjects: advisory committee (EU), economic concentration, electrical industry, merger control, opinion

6.4.2004

EN

Official Journal of the European Union

C 86/13

the Advisory Committee on Concentrations given at

its 100th meeting on
Opinion of
19 September 2001 and continuing on 28 September 2001 concerning a preliminary draft
decision relating to case COMP/M.2283 — Schneider/Legrand

(2004/C 86/06)

(Text with EEA relevance)

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

concentration within the meaning of the Article 3(1)(b) of the EC Merger Regulation.

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

dimension.

3. The Advisory Committee agrees with the Commission with the definitions of

(a) products markets;

(b) geographic markets.

4. The majority of the Advisory Committee agrees with the Commission that the notified operation will
create a dominant position on the markets identified by the Commission. A minority does not agree.

5. The Advisory Committee agrees with the Commission that the notified operation will strengthen a

dominant position on the markets identified by the Commission.

6. The majority of the Advisory Committee agrees with the Commission that the undertakings submitted
by the parties on 14 September 2001 are insufficient to solve the competition problems identified by
the Commission. A minority is not in agreement.

7. The majority of the Advisory Committee agrees with the Commission that the undertakings submitted
by the parties on 24 September 2001 are insufficient to solve the comptetition problems identified by
the Commission. A minority is not in agreement and another minority abstains.

8. The majority of the Advisory Committee considers that the remedies of 24 September 2001 ar not to

be qualified as new undertakings. A minority thinks the opposite.

9. The majority of the Advisory Committee considers that the remedies of 24 September 2001 should to
be qualified as modifications of the undertakings in the meaning of the Commission Notice on
remedies acceptable under the Council Regulation (EEC) No 4064/89 and under Commission Regu-
lation (EC) No 447/98. A minority thinks the opposite.

Another minority abstains because, according to it, paragraph 43 of the abovementioned Notice does
not comply with Article 18(2) of Commission Regulation (EC) No 447/98. This minority also
considers that:

— remedies submitted beyond the 3-months period provided for by Article 18(2) of Commission
Regulation (EC) No 447/98 can only bring clarifications and cannot make substantial changes;

— substantial modifications are only possible when the parties require exceptional circumstances as

provided for by Article 18(2) of Commission Regulation (EC) No 447/98.

C 86/14

EN

Official Journal of the European Union

6.4.2004

10. The majority of the Advisory Committee agrees with the Commission that the notified operation has
the EEA

to be declared incompatible with the Common Market and with the functioning of
agreement. A minority does not agree.

11. The Advisory Committee asks the Commission to take into account all the points raised during the

discussion.

12. The Advisory Committee recommends the publication of its opinion to the Official Journal of the

European Communities.

Final report of the Hearing Officer in case COMP/M.2283 — Schneider/Legrand

(under Article 15 of the Commission Decision 2001/462/EC, ECSC of 23 May 2001 on the terms of
reference of Hearing Officers in certain competition proceedings (OJ L 162, 19.6.2001, p. 21))

(2004/C 86/07)

(Text with EEA relevance)

There are no special comments on the draft decision. Nothing unusual occurred during the procedure. The
rights of third parties to be heard were fully respected.

Brussels, 1 October 2001.

Emil PAULIS