52003XX0424(04)

Opinion of the Advisory Committee on Concentrations given at the 106th meeting on 6 February 2002 concerning a draft decision relating to Case COMP/M.2495 - Haniel/Fels

(2003/C 97/07)

(Text with EEA relevance)

1. The Advisory Committee agrees with the Commission that the notified operation constitutes a concentration within the meaning of Art 3(1)b of the Merger Regulation and the notified operation has a Community dimension as defined in Article 1(2) Merger Regulation.

2. A majority of the Advisory Committee agrees with the Commission's definition of the relevant product markets as "building materials for load-bearing walls" and "building materials for non load-bearing walls". A minority refrains.

3. The Advisory Committee agrees with the Commission's definition of the relevant geographic markets contained in the draft decision.

4. A majority of the Advisory Committee shares the Commission's view that Haniel controls the Coöperatieve Verkoop- en Produktievereniging van Kalkzandsteenproducenten (CVK cooperative). A minority disagrees.

5. A majority of the Advisory Committee shares the Commission's view that Haniel holds a dominant position on the market for wall-building materials for load-bearing walls in the Netherlands. A minority disagrees.

6. A majority of the Advisory Committee shares the Commission's view that Haniel's dominant position on the market for "wall-building materials for load-bearing walls" will not be strengthened and that no dominant position will be created in the market for "building materials for non load-bearing walls". A minority disagrees.

7. The Advisory Committee agrees that the operation should be declared compatible with the common market and the functioning of the EEA-Agreement.

8. The Advisory Committee asks the Commission to take account of all other points raised during its discussion of the case and recommends the publication of its opinion in the Official Journal of the European Union.