26.11.2004   

EN

Official Journal of the European Union

C 289/1

26.11.2004   

EN

Official Journal of the European Union

C 289/2

1.

On 15 November 2004, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking Veolia Water Deutschland GmbH (‘Veolia’, Germany) controlled by Veolia Environment S.A. (France) acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of the undertaking Braunschweiger Versorgungs-AG (‘BVAG’, Germany) by way of purchase of shares.

2.

The business activities of the undertakings concerned are:

3.

On preliminary examination, the Commission finds that the notified transaction could fall within the scope of Regulation (EC) No 139/2004. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice.

4.

The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.

Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (No (32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.3630 — Veolia/BVAG, to the following address:

26.11.2004   

EN

Official Journal of the European Union

C 289/3

1.

On 18 November 2004, the Commission received a notification of a proposed concentration pursuant to Article 4 and following a referral pursuant to Article 4(5) of Council Regulation (EC) No 139/2004 (1) by which the undertaking Henkel KGaA (‘Henkel’, Germany) acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of the undertaking Sovereign Specialty Chemicals, Inc. (‘Sovereign’, U.S.A.).

2.

The business activities of the undertakings concerned are:

3.

On preliminary examination, the Commission finds that the notified transaction could fall within the scope of Regulation (EC) No 139/2004. However, the final decision on this point is reserved.

4.

The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.

Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (No (32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.3612 — Henkel/Sovereign, to the following address:

26.11.2004   

EN

Official Journal of the European Union

C 289/4

1.

On 18 November 2004, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking Sovion (‘Sovion’, The Netherlands) acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of the undertaking Hendrix Meat Group (‘HMG’, The Netherlands) by way of purchase of shares

2.

The business activities of the undertakings concerned are:

3.

On preliminary examination, the Commission finds that the notified transaction could fall within the scope of Regulation (EC) No 139/2004. However, the final decision on this point is reserved.

4.

The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.

Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (No (32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.3605 — Sovion/HMG, to the following address:

26.11.2004   

EN

Official Journal of the European Union

C 289/5

1.

On 18 November 2004, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertakings Apax Europe V, an investment fund controlled by The Hirzell Trust (‘Apax’, Channel Islands) and Cinven Ltd. (‘Cinven’, UK) acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of the undertakings CBR Holding GmbH Co. KG, Street One GmbH Co. KG, Cecil GmbH Co. KG, One Touch GmbH Co. KG, CBR Companies GmbH Co. KG, Street One Markenrecht GmbH Co. KG, Cecil Markenrecht GmbH Co. KG and One Touch Markenrecht GmbH Co. KG (‘CBR Group’, Germany) by way of purchase of shares by Apax from Cinven.

2.

The business activities of the undertakings concerned are:

3.

On preliminary examination, the Commission finds that the notified transaction could fall within the scope of Regulation (EC) No 139/2004. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice.

4.

The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.

Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (No (32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.3651 — APAX/CINVEN/CBR, to the following address:

26.11.2004   

EN

Official Journal of the European Union

C 289/6

1.

On 18 November 2004, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertakings Bergé Automation S.L. (‘BA’, Spain), Isuzu Motors Ltd (‘Isuzu’, Japan), and Mitsubishi Corporation (‘Mitsubishi’, Japan) acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of the undertaking Distribuidora de Vehículos Isuzu Iberica S.A. (‘Isuzu Spain’, Spain) by way of purchase of shares.

2.

The business activities of the undertakings concerned are:

3.

On preliminary examination, the Commission finds that the notified transaction could fall within the scope of Regulation (EC) No 139/2004. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice.

4.

The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.

Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (No (32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.3634 — Isuzu/Bergé/Mitsubishi/JV, to the following address:

26.11.2004   

EN

Official Journal of the European Union

C 289/7

26.11.2004   

EN

Official Journal of the European Union

C 289/10

(1)

The European Commission has received a set of commitments formally endorsed by ‘The Coca-Cola Company’ (TCCC) and its three most important bottlers in the EEA, ‘Coca-Cola Hellenic Bottling Company’, ‘Coca-Cola Enterprises’ and ‘Coca-Cola Erfrischungsgetränke AG’, together ‘the Companies’. These commitments have been made in the course of a Commission investigation into the Companies' business practices across the European Community, Norway and Iceland in the context of Article 82 of the EC Treaty and Article 54 of the EEA Agreement.

(2)

By means of the present publication, the Commission intends to market test the Companies' current proposal for commitments, which purport to address the Commission's competition concerns expressed in its preliminary assessment with regard to the investigated practices of the Companies. Subject to the outcome of the present market test, the Commission intends to adopt a decision pursuant to Article 9(1) of Council Regulation (EC) No 1/2003 of 16 December 2002 on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty (1), to make those proposed commitments which meet the concerns expressed by the Commission in its preliminary assessment binding on the Companies. Such a decision would not conclude whether or not there has been or still is an infringement.

(3)

The Commission has informed the Companies by letter of 18 October 2004 of its preliminary assessment within the meaning of Article 9(1) of Regulation (EC) No 1/2003.

(4)

Pursuant to the preliminary assessment, TCCC and its respective bottlers jointly hold a dominant position in certain of the national markets for the supply of carbonated soft drinks (CSDs) in the EC, Norway and Iceland and this in at least one of the two distribution channels: the take-home channel (supermarkets and other retail outlets), and the on-premises channel, also known as the away-from-home, horeca (catering) or gastronomy channel (2).

(5)

The practices raising concerns relate, with respect to both distribution channels, to exclusivity requirements, rebates granted on condition that the clients reach, on a quarterly basis, individually specified purchase thresholds separately set for colas and non-colas, tying arrangements and arrangements requiring the clients to carry for sale a range of cola stock-keeping units (SKUs) and/or non-cola SKUs. In the take-home channel, the Companies apply shelf space arrangements whereby the supermarkets reserve a large part of their CSD shelf space for TCCC-branded products. In the on-premises channel, customers receive up-front financing conditional upon their purchase of TCCC-branded products over a number of years. Moreover, the Companies have also attached certain exclusivity-related restrictions to the installation of technical sales equipments such as beverage coolers, fountain dispensers or vending machines.

(6)

According to the preliminary assessment, all practices have made access to the outlets more difficult for competitors to the ultimate detriment of consumers. The preliminary assessment noted in particular that the Companies could use the market power of their strong brands and the wide product portfolio as leverage to maintain and expand their market position.

(7)

The commitments are briefly summarised in what follows and published in full in a non-confidential English version on the website of the Directorate-General for Competition:

http://europa.eu.int/comm/competition/antitrust/cases/decisions/39116/tccc_final_undertaking_041019.pdf

(8)

The Companies propose to apply the commitments in all Member States, Norway and Iceland insofar as TCCC-branded CSDs accounted, in the previous year, for more than 40 %, and more than twice the share of the nearest competitor, of national CSD sales in either the take-home channel or the on-premises channel.

(9)

With respect to both distribution channels, the Companies commit:

(10)

Specifically with respect to the take-home channel, the Companies commit:

(11)

Specifically with respect to the on-premises channel, the Companies commit:

(12)

Specifically with respect to commercial agreements in the on-premises channel entered into following competitive tendering, the Companies may impose exclusive beverage supply. When the tender is organised by large, private sector customers, the agreements will have a maximum duration of five years while giving customers, for the first time after three years, the annual option to terminate the agreement without penalty. The Companies will also limit the sales volume of tender agreements entered into with private customers that contain exclusive CSD supply rights to 5 % of the Companies' annual CSD sales in the on-premises channel.

(13)

Specifically with respect to the placement of technical sales equipment, the Companies commit:

(14)

The Commission intends, subject to the outcome of this market test, to adopt a decision under Article 9(1) of Regulation (EC) No 1/2003 declaring those proposed commitments which meet the concerns expressed by the Commission in its preliminary assessment to be binding on the Companies. To this end, it invites interested third parties to submit their comments to it within one month of the publication of this notice.

(15)

Interested third parties are also asked to submit a non-confidential version of their comments, in which business secrets and other confidential passages are deleted and are if necessary replaced by a non-confidential summary or by the words ‘[business secrets]’ or ‘[confidential]’.

(16)

Comments should be sent to the following address, mentioning the reference ‘COMP/A.39.116/B2 — Coca-Cola’:

26.11.2004   

EN

Official Journal of the European Union

C 289/13

—

from the Europa competition web site (http://europa.eu.int/comm/competition/mergers/cases/) free of charge. This web site provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,

—

in electronic form in the ‘CDE’ version of the CELEX database, under document number 32004M3446. CELEX is the computerized documentation system of European Community law. (http://europa.eu.int/celex)