27.3.2013   

EN

Official Journal of the European Union

C 89/1

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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 32013M6643. EUR-Lex is the on-line access to the European law.

27.3.2013   

EN

Official Journal of the European Union

C 89/1

—

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,

—

in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/en/index.htm) under document number 32013M6829. EUR-Lex is the on-line access to the European law.

27.3.2013   

EN

Official Journal of the European Union

C 89/2

27.3.2013   

EN

Official Journal of the European Union

C 89/3

1.

The Advisory Committee shares the competition concerns raised by the Commission in its draft decision.

2.

The Advisory Committee agrees with the Commission that the behaviour may have effects on trade between Member States.

3.

The Advisory Committee agrees that the revised commitment proposal submitted by Rio Tinto Alcan addresses the competition concerns raised by the Commission.

4.

The Advisory Committee agrees that the commitments are adequate.

5.

The Advisory Committee agrees with the duration of the commitments.

6.

The Advisory Committee agrees that the commitments should be made binding in full.

7.

The Advisory Committee agrees that in light of the commitments and without prejudice to Article 9(2) of Regulation (EC) No 1/2003 there are no longer grounds for action by the Commission against Rio Tinto Alcan as regards the competition concerns identified in the draft decision.

8.

The Advisory Committee asks the Commission to take into account any other points raised during the discussion.

9.

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

27.3.2013   

EN

Official Journal of the European Union

C 89/4

(1)

This proceeding concerns a contractual tying of aluminium smelting technology with handling equipment for aluminium smelters.

(2)

The case originates from a complaint lodged in 2005 by the Group Réel, a Franco-German manufacturer of specialty cranes for aluminium reduction plants. Following an investigation, the Commission adopted a statement of objections in which it took the view that Alcan (2) had infringed Article 82 of the Treaty (3) and Article 54 of the EEA Agreement since 1 January 1990. An oral hearing was held in 2008. Subsequently, the Commission undertook a further investigation and prepared a supplementary statement of objections.

(3)

On 11 July 2012, the Commission adopted a preliminary assessment pursuant to Article 9(1) of Regulation (EC) No 1/2003 (4) concerning alleged infringements of the international aluminium producer Rio Tinto Alcan (‘Alcan’).

(4)

According to the preliminary assessment, Alcan's practice of contractually tying the licences of its aluminium smelting (reduction) technology to the purchase of certain speciality cranes for aluminium reduction plants, so-called pot tending assemblies (PTAs), supplied by Alcan's subsidiary ECL, may result in an infringement of Articles 101 and 102 of the TFEU and Articles 53 and 54 of the EEA Agreement. According to the preliminary assessment, Alcan has a dominant position on the relevant market for the licensing of aluminium smelting technology. The preliminary assessment expressed the concern that Alcan's contractual practice may produce negative effects on innovation and prices and result in anticompetitive foreclosure on the relevant PTA market.

(5)

In order to meet the concerns expressed by the Commission, Alcan has offered commitments (5). On 10 August 2012, the Commission published a notice in the Official Journal of the European Union in accordance with Article 27(4) of Regulation (EC) No 1/2003, summarising the case, the commitments and inviting third parties to submit comments on the proposal (6). The market test indicated that the draft commitments would be suitable to address the Commission's competition concerns, but a number of issues were raised. On November 2012, Alcan offered a revised version of the commitments, addressing these issues.

(6)

In its decision pursuant to Article 9(1) of Regulation (EC) No 1/2003, the Commission makes the commitments offered by the undertakings binding upon them and concludes that in light of the commitments offered, there are no longer grounds for action on its part, and thus the proceedings in this case should be brought to an end.

(7)

I did not receive any request or complaint from any party to the proceedings in the present case (7). In view thereof, I consider that the effective exercise of the procedural rights of all parties in this case has been respected.

27.3.2013   

EN

Official Journal of the European Union

C 89/5

(1)

The decision pursuant to Article 9 of Council Regulation (EC) No 1/2003 is addressed to Rio Tinto plc (‘Rio Tinto’), Rio Tinto International Holdings Limited, Rio Tinto Alcan Inc, Rio Tinto France SAS, Aluminium Pechiney SAS (‘AP’) and Electrification Charpente Levage SASU (‘ECL’) (collectively, ‘Rio Tinto Alcan’). It renders the commitments offered by Rio Tinto Alcan binding in order to address the competition concerns arising from an investigation by the Commission in the markets for aluminium smelting technology and pot tending assemblies.

(2)

Pot tending assemblies (‘PTAs’) are specialty cranes used in aluminium reduction plants (smelters), where primary aluminium is produced. AP, a subsidiary of Rio Tinto Alcan, contractually ties the licensing of its leading aluminium smelting technology to the purchase of pot handling equipment (notably PTAs) from ECL, its subsidiary. The Commission was concerned that by doing so the company may have infringed EU antitrust rules that prohibit restrictive business practices and the abuse of a dominant market position.

(3)

On 20 February 2008, the Commission opened proceedings with a view to taking a decision under Chapter III of Regulation (EC) No 1/2003 and notified a statement of objections to Alcan Inc, Alcan France SAS, AP and ECL.

(4)

After carrying out an additional investigation, the Commission adopted, on 11 July 2012, a preliminary assessment as referred to in Article 9(1) of Regulation (EC) No 1/2003, which set out the Commission’s competition concerns. These concerns related to the compatibility with Articles 101 and 102 of the Treaty on the Functioning of the European Union (‘TFEU’) and Articles 53 and 54 of the EEA Agreement of the contractual tying of the licensing of aluminium smelting technology to the acquisition of PTAs.

(5)

The Commission preliminarily concluded that Rio Tinto Alcan was dominant in the market for the tying product (namely the licensing of aluminium technology), that the latter and the tied product (i.e. the PTAs) were distinct products and that Rio Tinto Alcan’s practice may likely led to the marginalisation and, potentially, the exit from the market of Réel, the complainant, which is so far Rio Tinto Alcan’s only credible competitor in the market for PTAs. In addition, the Commission preliminarily concluded that the customers’ choice of PTA suppliers had been directly and substantially limited by Rio Tinto Alcan’s tying practice, with likely negative implications on innovation and, potentially, prices, in the PTA and smelting technology markets. This would amount to anti-competitive foreclosure of the PTA market by Rio Tinto Alcan in contravention of Articles 101 and 102 of the TFEU and Articles 53 and 54 of the EEA Agreement.

(6)

On 3 August 2012, in response to the Commission’s concerns expressed in the preliminary assessment, Rio Tinto Alcan submitted commitments to the Commission. On 10 August 2012, a notice pursuant to Article 27(4) of Regulation (EC) No 1/2003 was published in the Official Journal of the European Union, summarising the case and the commitments and inviting interested third parties to submit their observations on the commitments within one month following its publication.

(7)

The Commission informed Rio Tinto Alcan of the comments received from interested third parties. On 9 November 2012, Rio Tinto Alcan submitted a revised commitments proposal which addressed several issues raised by third parties.

(8)

On 28 November 2012, the Advisory Committee on restrictive practices and dominant positions issued a favourable opinion. On 29 November 2012, the Hearing Officer issued his final report.

(9)

On 20 December 2012, the Commission made Rio Tinto Alcan’s revised commitments binding by decision pursuant to Article 9 of Regulation (EC) No 1/2003. Rio Tinto Alcan commits, for a period of five years, to remove the tying clauses from its future technology transfer agreements (2) and to introduce an objective and non-discriminatory process for selecting qualified suppliers of PTAs. Rio Tinto Alcan’s licensees will then be able to choose among the recommended PTA suppliers, which will be provided by Rio Tinto Alcan with the necessary technical specifications to ensure that their PTAs are capable of operating in smelters using AP technologies. Compliance with these commitments will be monitored by an independent expert.

(10)

The Commission takes the view that the commitments are sufficient and necessary to address the competition concerns identified in the preliminary assessment without being disproportionate.

(11)

In light of the revised commitments offered, the Commission considers that there are no longer grounds for action on its part and, without prejudice to Article 9(2) of Regulation (EC) No 1/2003, the proceedings in this case should therefore be brought to an end. The commitments shall be binding until 20 January 2018.

27.3.2013   

EN

Official Journal of the European Union

C 89/7

1.

The representatives of the EFTA States and the EFTA Surveillance Authority share the competition concerns raised by the Commission in its draft decision.

2.

The representatives of the EFTA States and the EFTA Surveillance Authority agree with the Commission that the behaviour may have effects on trade between Member States.

3.

The representatives of the EFTA States and the EFTA Surveillance Authority agree that the Revised Commitment Proposal submitted by Rio Tinto Alcan address the competition concerns raised by the Commission.

4.

The representatives of the EFTA States and the EFTA Surveillance Authority agree that the commitments are adequate.

5.

The representatives of the EFTA States and the EFTA Surveillance Authority agree with the duration of the commitments.

6.

The representatives of the EFTA States and the EFTA Surveillance Authority agrees that the commitments should be made binding in full.

7.

The representatives of the EFTA States and the EFTA Surveillance Authority agree that in light of the commitments and without prejudice to Article 9(2) of Regulation (EC) No 1/2003 there are no longer grounds for action by the Commission against Rio Tinto Alcan as regards the competition concerns identified in the draft decision.

8.

The representatives of the EFTA States and the EFTA Surveillance Authority ask the Commission to take into account any other points raised during the discussion.

9.

The representatives of the EFTA States and the EFTA Surveillance Authority recommend the publication of its opinion in the Official Journal of the European Union.

27.3.2013   

EN

Official Journal of the European Union

C 89/8

1.

On 19 March 2013, 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 Carl Zeiss AG (Germany), a wholly-owned subsidiary of Carl-Zeiss-Stiftung, acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of the undertaking Carl Zeiss Vision Holding GmbH (Germany) by way of purchase of shares. Prior to the proposed concentration, Carl Zeiss AG already held joint control over Carl Zeiss Vision together with EQT III Fund.

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.6893 — Carl Zeiss/Carl Zeiss Vision, to the following address:

27.3.2013   

EN

Official Journal of the European Union

C 89/10

1.

Common Position 2002/402/CFSP (1) calls upon the Union to freeze the funds and economic resources of the members of the Al-Qaida organisation and other individuals, groups, undertakings and entities associated with them, as referred to in the list drawn up pursuant to UNSCR 1267(1999) and 1333(2000) to be updated regularly by the UN Committee established pursuant to UNSCR 1267(1999).

The list drawn up by this UN Committee comprises:

Acts or activities indicating that an individual, group, undertaking, or entity is ‘associated with’ Al-Qaida include:

2.

The UN Committee decided on 19 March 2013 to add Ansar Eddine to the relevant list. Ansar Eddine may submit at any time a request to the UN Ombudsperson, together with any supporting documentation, for the decision to include them in the UN list referred to above, to be reconsidered. Such request should be sent to the following address:

See for more information at http://www.un.org/sc/committees/1267/delisting.shtml

3.

Further to the UN decision referred to in paragraph 2, the Commission has adopted Regulation (EU) No 290/2013 (2), which amends Annex I to Council Regulation (EC) No 881/2002 imposing certain specific restrictive measures directed against certain persons and entities associated with the Al-Qaida network (3). The amendment, made pursuant to Articles 7(1)(a) and 7a(1) of Regulation (EC) No 881/2002, adds Ansar Eddine to the list in Annex I of that Regulation (‘Annex I’).

The following measures of Regulation (EC) No 881/2002 apply to the individuals and entities included in Annex I:

4.

Article 7a of Regulation (EC) No 881/2002 (5) provides for a review process where observations on the grounds for listing are submitted by those listed. Individuals and entities added to Annex I by Regulation (EU) No 290/2013 may make a request for the grounds for their listing to the Commission. This request should be sent to:

5.

The attention of the individuals and entities concerned is also drawn to the possibility of challenging Regulation (EU) No 290/2013 before the General Court of the European Union, in accordance with the conditions laid down in the fourth and sixth paragraphs of Article 263 of the Treaty on the Functioning of the European Union.

6.

For good order, the attention of the individuals and entities included in Annex I is drawn to the possibility of making an application to the competent authorities in the relevant Member State(s), as listed in Annex II to Regulation (EC) No 881/2002, in order to obtain an authorisation to use frozen funds and economic resources for essential needs or specific payments in accordance with Article 2a of that Regulation.