52004XX0317(02)

Opinion of the Advisory Committee on Concentrations given at the 111th bis meeting on 15 July 2002 concerning a draft decision relating to case COMP/M.2698 - Promatech/Sulzer Textil

(2004/C 67/09)

(Text with EEA relevance)

1. The Advisory Committee agrees with the Commission that the notified concentration constitutes a concentration within the meanning of Article 22(3) of the Merger Regulation leading to proceedings pursuant to Articles 6(1)(c) and 22(4) of this regulation and 57 of the EEA Agreement.

2. The Advisory Committee agrees with the Commission that there is a product market for rapier weaving machines, leaving open whether there is a distinction between positive and negative rapier.

3. The Advisory Committee agrees with the Commission that the relevant geographic market for rapier weaving machines (or negative rapier weaving machines) is Western Europe, i.e. the EEA Member States and Switzerland.

4. The Advisory Committee agrees with the Commission that the notified concentration will create or strengthen a dominant position in the market for rapier weaving machines (or negative rapier weaving machines).

5. The Advisory Committee agrees with the Commission that the notified concentration will not create a dominant position in the market for warp stop motions.

6. The Advisory Committee agrees with the Commission that the proposed remedies constitute appropriate measures necessary to maintain or restore effective competition whithin the territory of the referring Member States for the purposes of the application of Article 22(5) of the Merger Regulation.

7. The Advisory Committee agrees with the Commission that the notified concentration, as modified by the commitments, will not create or strengthen a dominant position on any of the markets assessed above.

8. The Advisory Committee invites the Commission to take account of all the points raised in the discussion.

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