Opinion of the Advisory Committee on concentrations given at its 145th meeting on 1 December 2006 concerning a draft decision relating to Case COMP/M.4187 — Metso/Aker Kvaerner
Date: 2006-12-01
Institutions: Advisory Committee on Restrictive Practices and Dominant Positions
Subjects: competition law, economic concentration, electrical energy, machine-tool industry, merger control, pulp and paper industry

C 6/8

EN

Official Journal of the European Union

11.1.2008

Opinion of the Advisory Committee on concentrations given at its 145th meeting on 1 December
2006 concerning a draft decision relating to Case COMP/M.4187 — Metso/Aker Kvaerner

(2008/C 6/05)

1. The Advisory Committee agrees with the Commission that the notified operation constitutes a concen-
tration within the meaning of the Merger Regulation (EC) No 139/2004 of the Council and that it can
be deemed to have a Community dimension pursuant to Article 4(5) of that Regulation.

2. The Advisory Committee agrees with the Commission that for the purpose of assessing the present

operation, the relevant product markets as concerns Digesters are:

(a) digesters for new mills;

(b) batch digesters for rebuild projects;

(c) continuous digesters for rebuild projects.

3. The Advisory Committee agrees with the Commission that for the purpose of assessing the present
operation, the relevant product markets as concerns Washing, delignification, bleaching equipment are:

(a) equipment for the brown stock washing stage for new mills;

(b) equipment for the delignification stage for new mills;

(c) equipment for the bleaching stage for new mills;

(d) equipment for the brown stock washing stage for rebuild projects;

(e) equipment for the delignification stage for rebuild projects;

(f) equipment for the bleaching stage for rebuild projects.

4. The Advisory Committee agrees with the Commission that for the purpose of assessing the present
operation, the relevant geographic markets are worldwide for all of the above mentioned product
markets.

5. The Advisory Committee agrees with the Commission that the proposed concentration is likely to
result in a significant impediment to effective competition in the common market or in a substantial
part of it and the EEA for digesters for new mills.

6. The Advisory Committee agrees with the Commission that the proposed concentration does not signifi-
cantly impede effective competition in the common market or in a substantial part of it and the EEA
for the following markets:

(a) batch digesters for rebuild projects;

(b) continuous digesters for rebuild projects.

7. The Advisory Committee agrees with the Commission that the proposed concentration is likely to
result in a significant impediment to effective competition in the common market or in a substantial
part of it and the EEA for the following markets:

(a) equipment for the brown stock washing stage for new mills;

(b) equipment for the delignification stage for new mills;

(c) equipment for the bleaching stage for new mills;

(d) equipment for the brown stock washing stage for rebuild projects;

(e) equipment for the delignification stage for rebuild projects;

(f) equipment for the bleaching stage for rebuild projects.

8. The Advisory Committee agrees that the competition concerns arising from the proposed concentration

will not be outweighed by the potential benefits.

9. The Advisory Committee agrees with the Commission that the commitments concerning the Digester
business of Metso are sufficient to remove the significant impediments to effective competition in the
market defined in Question 5 (digesters for new mills).

11.1.2008

EN

Official Journal of the European Union

C 6/9

10. The Advisory Committee agrees with the Commission that

the commitments concerning the
WOB business of Kvaerner are sufficient to remove the significant impediments to effective competition
in the markets defined in Question 7.

11. The Advisory Committee agrees with the Commission that, subject to full compliance with the commit-
ments offered by the parties, and considered all commitments together, the proposed concentration
does not significantly impede effective competition in the common market or a substantial part of it, in
particular as a result of the creation or strengthening of a dominant position, within the meaning of
Article 2(2), 8(2) and 10(2) of the Merger Regulation and that the proposed concentration is therefore
to be declared compatible with the Common Market and with the EEA Agreement.

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

the discussion.