Opinion of the Advisory Committee on Mergers given at its meeting of 9 January 2008 regarding a draft decision relating to Case COMP/M.4781 — Norddeutsche Affinerie/Cumerio — Rapporteur: Czech Republic
Date: 2008-06-25
Institutions: Advisory Committee on Restrictive Practices and Dominant Positions
Subjects: competition law, copper, economic concentration, merger control, metallurgical industry

C 161/6

EN

Official Journal of the European Union

25.6.2008

Opinion of the Advisory Committee on Mergers given at its meeting of 9 January 2008 regarding a
draft decision relating to Case COMP/M.4781 — Norddeutsche Affinerie/Cumerio

Rapporteur: Czech Republic

(2008/C 161/07)

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

tration within the meaning of the Council Regulation (EC) No 139/2004.

2. The Advisory Committee agrees with the Commission's definitions of the relevant markets of:

(a) the world-wide market for copper scrap;

(b) the world-wide market for copper cathodes;

(c) the EEA-wide market for copper rod;

(d) the EEA-wide market for copper shapes, whereby a further possible sub-segmentation into oxygen-

free copper shapes and other copper shapes can be left open in the present case.

3. The Advisory Committee agrees with the Commission that the definitions of the relevant product
markets for the various semi-finished copper products and their geographic scopes can be left open in
the present case.

4. The Advisory Committee agrees with the Commission that the proposed concentration does not lead to
non-coordinated effects in the world-wide market for copper scrap, as a result of which effective compe-
tition would be significantly impeded in the Common Market or in a substantial part of it.

5. The Advisory Committee agrees with the Commission that the proposed concentration does not lead to
non-coordinated effects in the EEA-wide market for copper rod, as a result of which effective competi-
tion would be significantly impeded in the Common Market or in a substantial part of it.

6. The Advisory Committee agrees with the Commission that the proposed concentration does not lead to
non-coordinated effects in the EEA-wide market for copper shapes, as a result of which effective compe-
tition would be significantly impeded in the Common Market or in a substantial part of it.

One Member State disagrees.

7. The Advisory Committee agrees with the Commission that the proposed concentration does not lead to
vertical effects on the markets downstream of copper cathodes, as a result of which effective competi-
tion would be significantly impeded in the Common Market or in a substantial part of it.

8. The Advisory Committee agrees with the Commission that the proposed concentration does not lead to
vertical effects on the markets downstream of copper shapes, as a result of which effective competition
would be significantly impeded in the Common Market or in a substantial part of it.

One Member State disagrees.

9. The Advisory Committee agrees with the Commission that the proposed concentration does not lead to
coordinated effects on the EEA-wide market for copper shapes, as a result of which effective competi-
tion would be significantly impeded in the Common Market or in a substantial part of it.

One Member State disagrees. Another Member State abstains.

10. The Advisory Committee agrees with the Commission that the proposed concentration should be

declared compatible with the Common Market and with the EEA Agreement.

One Member State disagrees. Another Member State abstains.