Opinion of the Advisory Committee on mergers at its meeting on 18 April 2023 concerning a draft decision in case M.10658 – NORSK HYDRO / ALUMETAL – Rapporteur: Austria
Date: 2023-04-18
Institutions: Advisory Committee on Concentrations
Subjects: aluminium, bauxite, economic concentration, merger control, metallurgical industry, waste recycling








C_202407523EN.000101.fmx.xml












Official Journal of the European Union


EN
C series













C/2024/7523


23.12.2024






Opinion of the Advisory Committee on mergers at its meeting on 18 April 2023 concerning a draft decision in case M.10658 – NORSK HYDRO / ALUMETAL
Rapporteur: Austria
(C/2024/7523)


Operation









1.


The Advisory Committee (9 Member States) agrees with the Commission that the Transaction constitutes a concentration within the meaning of Article 3(1)(b) of the Merger Regulation.





Union Dimension









2.


The Advisory Committee (9 Member States) agrees with the Commission that the Transaction has a Union dimension pursuant to Article 1(2) of the Merger Regulation.





Product Markets









3.


The Advisory Committee (9 Member States) agrees with the Commission’s definition of the relevant product market for Aluminium Foundry Alloys (‘AFAs’), concluding that the relevant product market is the market for the production and supply of solid advanced AFAs, with a plausible sub-segmentation between low-carbon AFAs and non low-carbon AFAs.












4.


The Advisory Committee (9 Member States) agrees with the Commission’s definition of the relevant product market for Aluminium Master Alloys (‘AMAs’), concluding that the relevant product market is the market for all AMAs, without distinction based on the alloying element(s).





Geographic markets









5.


The Advisory Committee (9 Member States) agrees with the Commission’s definition of the relevant market for the production and supply of solid advanced AFA (including for a potential separate segment for low-carbon solid advanced AFAs) is at most EEA-wide.












6.


The Advisory Committee (9 Member States) agrees with the Commission’s definition of the relevant market for all AMAs is EEA-wide.





Competitive Assessment









7.


The Advisory Committee (9 Member States) agrees with the Commission’s assessment that the Transaction would not significantly impede effective competition in the internal market or in a substantial part of it as a result of horizontal non-coordinated effects in the market for the production and supply of solid advanced AFAs in the EEA.












8.


The Advisory Committee (9 Member States) agrees with the Commission’s assessment that the Transaction would not significantly impede effective competition in the internal market or in a substantial part of it as a result of vertical non-coordinated effects in the upstream market for the production of AMAs overall and the downstream market for the production of solid advanced AFAs in the EEA.





Compatibility with the Internal Market









9.


The Advisory Committee (9 Member States) agrees with the Commission that the Transaction should therefore be declared compatible with the internal market and the functioning of the EEA Agreement in accordance with Articles 2(2) and 8(1) of the Merger Regulation and Article 54 of the EEA Agreement.






ELI: http://data.europa.eu/eli/C/2024/7523/oj
ISSN 1977-091X (electronic edition)