52003XX0424(03)

Opinion of the Advisory Committee on Concentrations given at the 104th meeting on 10 December 2001 concerning a preliminary draft decision relating to Case COMP/M.2530 - Südzucker/Saint Louis Sucre

(2003/C 97/06)

(Text with EEA relevance)

1. The Advisory Committee agrees with the Commission that the notfied concentration constitutes a concentration within the meaning of Article 3(1)(b) of the Merger Regulation and that it has a Community dimension.

2. The Advisory Committee agrees with the Commission that, for the purposes of this case, each of the following sugar products constitutes a relevant product market:

(a) industrial sugar;

(b) retail sugar; and

(c) sugar for distributors' private labels.

3. The Advisory Committee agrees with the Commission that, for the purposes of this case, the relevant geographic market(s):

(a) for industrial sugar and retail sugar are in general national, except for Germany, where as a result of the structure of the markets, southern Germany forms a relevant geographic market;

(b) for sugar for distributors' private labels does not have to be defined since the proposed concentration would neither give rise to competition concerns on the basis of a German, Belgian nor on the basis of a Community-wide market.

4. The Advisory Committee agrees with the Commission that the notified concentration leads to the strengthening of dominant positions as a result of which effective competition would be significantly impeded in the common market or in a substantial part of it in the markets for industrial sugar and retail sugar in southern Germany and Belgium.

5. Does the Advisory Committee agrees with the Commission that the notified concentration will not lead to the creation or strenthening of a dominant position in the market(s) for the supply of sugar for distributors' private labels.

6. The majority of the Advisory Committee agrees with the Commission that the commitments submitted by the parties to divest Südzucker's share in Veurne, to provide up to 90000 tonnes of quota sugar per year, which will be taken from Südzucker's sugar production sites in southern Germany and to divest Südzucker's minority stake of Saint Louis Sucre in the Spanish company Ebro Puleva are sufficient to remove competition concerns arising in respect of the southern German and Belgian sugar markets. A minority of the Advisory Committee disagrees.

7. The majority of the Advisory Committee therefore agrees that the proposed concentration should be declared compatible with the common market and the functioning of the EEA Agreement. A minority of the Advisory Committee disagrees.

8. The Commission takes into account the remarks and comments made by the Advisory Committee.

9. The Advisory Committee recommends the publication of its opinion in the Official Journal of the European Union.