19.11.2011   

EN

Official Journal of the European Union

C 339/1

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in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,

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in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/en/index.htm) under document number 32011M6368. EUR-Lex is the on-line access to the European law.

19.11.2011   

EN

Official Journal of the European Union

C 339/2

19.11.2011   

EN

Official Journal of the European Union

C 339/3

1.

The Advisory Committee agrees with the European Commission's assessment of the facts as an agreement and/or concerted practice within the meaning of Article 101 of the TFEU and Article 53 of the EEA Agreement.

2.

The Advisory Committee agrees that the agreements and/or concerted practices constitute one single and continuous infringement for prestressing steel for the time frame in which they existed.

3.

The Advisory Committee agrees with the European Commission that the agreements and/or concerted practices have as object a restriction of competition.

4.

The Advisory Committee agrees with the European Commission's assessment on the duration of the infringements for each addressee.

5.

The Advisory Committee agrees with the European Commission's draft decision as regards the conclusion that the agreement between the addressees was capable of having an appreciable effect upon trade between EU Member States and between contracting parties of the EEA.

6.

The Advisory Committee agrees with the European Commission's draft decision as regards the addressees of the decision, specifically with reference to imputation of liability to parent companies of the groups concerned.

7.

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

19.11.2011   

EN

Official Journal of the European Union

C 339/4

1.

The Advisory Committee agrees with the European Commission that a fine should be imposed on the addressees of the draft decision.

2.

The Advisory Committee agrees with the European Commission on the basic amounts of the fines.

3.

The Advisory Committee agrees with the European Commission on the mitigating and aggravating circumstances.

4.

The Advisory Committee agrees with the European Commission on the amounts of reduction of the fines based on the 2002 Leniency Notice.

5.

The Advisory Committee agrees with the European Commission’s assessment on inability to pay.

6.

The Advisory Committee agrees with the European Commission on the final amounts of the fines.

7.

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

19.11.2011   

EN

Official Journal of the European Union

C 339/5

19.11.2011   

EN

Official Journal of the European Union

C 339/7

(1)

This Decision is addressed to 36 legal entities belonging to 17 prestressing steel undertakings for having participated in a single and continuous infringement of Article 101 of the TFEU and Article 53 of the EEA Agreement. They engaged in price-fixing, quota-fixing, client allocation and the exchange of commercially sensitive information in a cartel regarding prestressing steel with the exception of special strand and stays. The cartel lasted between January 1984 and September 2002 and concerned all the countries that then formed the EU-15 except Ireland, Greece and the United Kingdom. It also affected Norway. The cartel stopped in 2002, when DWK/Saarstahl revealed its existence under the Commission Leniency Notice (2) introduced that year.

(2)

The case was opened on the basis of an immunity application of DWK Drahtwerk Köln GmbH (DWK) on 18 June 2002.

(3)

Following the information provided, inspections took place on 19 and 20 September 2002 at the premises of 14 undertakings in six countries.

(4)

Subsequently, between 21 September 2002 and 28 June 2007, the Commission received leniency applications from six undertakings. Four undertakings also provided self-incriminating information in reply to requests for information.

(5)

The investigation of the case was followed by addressing several requests for information to all the companies involved in the anti-competitive arrangements and by an additional inspection on 7 and 8 June 2006 at the premises of Mr (…), external consultant to the (Italian part of the) cartel.

(6)

The Statement of Objections was adopted on 30 September 2008 and the Oral Hearing took place on 11 and 12 February 2009.

(7)

The Commission adopted a decision on 30 June 2010 and an amendment decision correcting some errors in the calculation of the fine on 30 September 2010.

(8)

On 4 April 2011, the Commission adopted a further amendment decision in which it exercised its margin of appreciation to reduce the fines for which four of the legal entities involved in the cartel were solely liable, in that they related only to those periods in which the legal entities participated without their current parent companies, in order to ensure that the level of those fines was not disproportionate to their own size and turnover. The Commission reduced the relevant fines to ten percent of the legal entities’ own turnovers.

(9)

This case concerns an infringement of Article 101 of the TFEU and, from 1 January 1994, of Article 53 of the EEA Agreement with regards to prestressing steel with the exception of special strand and stays. Prestressing steel consists of long, curled steel wires used with concrete on construction sites to make foundations, balconies or bridges and also is used in underground engineering and bridge-building.

(10)

The suppliers concerned engaged in price fixing, quota fixing, client allocation and exchange of commercially sensitive information in a cartel with a duration of over 18 years, lasting between at least 1 January 1984 and 19 September 2002. In addition, they monitored price, client and quota arrangements through a system of national coordinators and bilateral contacts. Some suppliers were also involved in a specific form of client allocation towards one big Nordic client. The infringement constitutes by its very nature one of the worst kinds of Article 101 of the TFEU.

(11)

The cartel consisted of a pan-European arrangement, first referred to as ‘Club Zurich’, named after the place in Switzerland where the first cartel meetings were held, and later as ‘Club Europe’. But there were also two regional arrangements, in Italy (Club Italia) and in Spain/Portugal (Club España). The different arrangements of the cartel constituted one single, complex and continuous infringement because they were interconnected by overlapping territory, membership and chronology. They, moreover, shared the same goal and used identical mechanisms. Indeed, the goal of the cartel was to stabilise the suppliers’ market shares in order to stabilise prices and facilitate price increases. This was done by agreeing on quotas, prices and/or client allocation. The agreements were monitored and compensation mechanisms were set up. In addition, the participants to the different arrangements were mutually aware of each others’ attempts to stabilise the market shares/prices and there were efforts to agree on a common equilibrium and to fix prices together.

(12)

The companies involved usually met in the margin of official trade meetings in hotels all over Europe. The Commission has evidence of over 550 cartel meetings.

(13)

The addressees of the Decision participated in the infringement during at least the following periods:

(14)

In setting the fines, the Commission took into account the sales of the companies involved in the market concerned in the last year prior to the end of the cartel (2001; except for DWK, 2000), the very serious nature of the infringement, the geographic scope of the cartel and its long duration.

(15)

The Commission increased the fines for ArcelorMittal Fontaine and ArcelorMittal Wire France because they had already been fined for prior cartel involvement. Saarstahl was previously fined in the steel beams cartel, but received full immunity in the present cartel because it was the first to come forward with information under the Commission’s 2002 Leniency Notice.

(16)

The Commission recognised the more limited participation of Proderac and Emme Holding by reducing their fine by 5 %. The fine for ArcelorMittal España was reduced by 15 % for its cooperation outside the Leniency Notice.

(17)

The fine on several companies would have exceeded the legal maximum of 10 % of the 2009 turnover, and was therefore reduced to this level.

(18)

The Commission granted full immunity from the fine to DWK/Saarstahl and a reduction of the fine for cooperation under the 2002 Leniency Notice to Italcables/Antonini (50 %), Nedri (25 %), Emesa and Galycas (5 %), ArcelorMittal and its subsidiaries (20 %) and WDI/Pampus (5 %). Redaelli and SLM did not meet the requirements for cooperation and therefore received no reduction of the fine.

(19)

The Commission accepted three inability-to-pay applications and granted reductions of respectively 25 %, 50 % and 75 % of the fine that would otherwise have been imposed. It had received applications from 13 undertakings under the Commission’s 2006 Fines Guidelines.

(20)

The following fines were imposed pursuant to Article 23(2) of Regulation (EC) No 1/2003:

19.11.2011   

EN

Official Journal of the European Union

C 339/12

19.11.2011   

EN

Official Journal of the European Union

C 339/13

19.11.2011   

EN

Official Journal of the European Union

C 339/14

19.11.2011   

EN

Official Journal of the European Union

C 339/15

19.11.2011   

EN

Official Journal of the European Union

C 339/16

19.11.2011   

EN

Official Journal of the European Union

C 339/17

—

national of EU Member State,

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be able to carry out the entire five-year mandate before reaching the mandatory retirement age,

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university degree, preferably in a field relevant to Cedefop,

—

15 years of professional experience after graduation, including at least five years in fields related to Cedefop’s activities and at least five years in a high-level management function,

—

good knowledge of languages,

—

ability to lead and motivate an international organisation,

—

ability to interact and negotiate internationally at senior level with EU institutions, public authorities and social partners.

19.11.2011   

EN

Official Journal of the European Union

C 339/18

1.

On 9 November 2011, 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 Waterland Private Equity Investment B.V. (‘Waterland’, The Netherlands) and Alychlo NV (ultimately controlled by Mr. Marc Coucke, Belgium) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of the undertaking Omega Pharma NV (‘Omega’, Belgium) 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 the EC Merger Regulation. 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 (+32 22964301), by e-mail to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.6401 — Waterland/Alychlo/Omega Pharma, to the following address:

19.11.2011   

EN

Official Journal of the European Union

C 339/19

1.

On 11 November 2011, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which Apache Corporation (USA) acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of the Mobil North Sea Limited (‘MNSL’, Cayman Islands) belonging to the ExonMobil Group (USA) by way of purchase of assets.

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 the EC Merger Regulation. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under the EC Merger Regulation (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 (+32 22964301), by email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.6407 — Apache/Mobil North Sea, to the following address:

19.11.2011   

EN

Official Journal of the European Union

C 339/20

1.

On 14 November 2011, 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 Volkswagen AG (‘VW’, Germany) acquires within the meaning of Article 3(1)(b) of the Merger Regulation sole control of KPI Polska Sp. z o.o. (‘KPI Polska’, Poland), Skoda Auto Polska SA (‘Skoda Auto Polska’, Poland), Volkswagen Bank Polska SA (‘VW Bank Polska’, Poland) and Volkswagen Leasing Polska Sp z o.o. (‘VW Leasing Polska’, Poland) 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 the EC Merger Regulation. 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 (+32 22964301), by e-mail to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.6403 — Volkswagen/KPI Polska/Skoda Auto Polska/VW Bank Polska/VW Leasing Polska, to the following address:

19.11.2011   

EN

Official Journal of the European Union

C 339/21

1.

On 14 November 2011, 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 Teekay LNG Partners, through its wholly owned subsidiary Teekay LNG Operating, and Marubeni Corporation (Japan) acquire within the meaning of Article 3(1)(b) of the Merger Regulation indirect joint control over Maersk LNG A/S (Denmark), by way of a 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 the EC Merger Regulation. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under the EC Merger Regulation (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 (+32 22964301), by email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.6434 — Teekay/Marubeni/Maersk LNG, to the following address:

19.11.2011   

EN

Official Journal of the European Union

C 339/22

1.

On 14 November 2011, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the Glencore International plc (‘Glencore’, Jersey) acquires within the meaning of Article 3(1)(b) of the Merger Regulation sole control over Carlo Colombo SpA (‘Carlo Colombo’, Italy) 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 the EC Merger Regulation. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under the EC Merger Regulation (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 (+32 22964301), by email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.6433 — Glencore International plc/Carlo Colombo SpA, to the following address:

19.11.2011   

EN

Official Journal of the European Union

C 339/23

1.

On 14 November 2011, 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 Evonik Industries AG (‘Evonik’, Germany) and Treibacher Industrie AG (‘Treibacher’, Austria) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of a newly created company constituting a joint venture (‘JV’, 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 the EC Merger Regulation. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under the EC Merger Regulation (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 (+32 22964301), by email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.6431 — Evonik Degussa/Treibacher Industries/JV, to the following address:

19.11.2011   

EN

Official Journal of the European Union

C 339/24