52001XX0609(01)

Opinion

of the Advisory Committee on Concentrations given at the 80th meeting on 27 June 2000 concerning a preliminary draft decision relating to Case COMP/M.1813 - Industri Kapital/Dyno

(2001/C 166/09)

1. The Advisory Committee agrees with the Commission that the proposed operation constitutes a concentration within the meaning of Article 3(1)(b) of the Merger Regulation and that it has a Community dimension and constitutes a cooperation case pursuant to Article 57 of the EEA Agreement and Article 2(1)(c) of Protocol 24 to that Agreement and thus the case is to be assessed by the Commission in cooperation with the EFTA Surveillance Authority in accordance with Article 58 of the EEA Agreement.

2. The Advisory Committee agrees with the Commission that there are separate markets for urea formaldehyde based resins, phenol formaldehyde based resins, formaldehyde and methanol.

3. The Advisory Committee agrees with the Commission that as to plastic materials handling systems, it can be left open whether plastic stack-nest containers, plastic stackable containers, plastic bottle trays, plastic crates, plastic pallets and plastic small-parts storage systems constitute separate markets or one single market of plastic material handling systems.

4. The Advisory Committee agrees with the Commission with the geographic market definition given in the draft decision concerning the formaldehyde based resins, the formaldehyde, the methanol and the plastic materials handling systems.

5. The Advisory Committee agrees with the Commission that the operation would lead to the creation of a dominant position in urea formaldehyde based resins and phenol formaldehyde based resins in Finland and Norway or alternatively in Norway and Sweden as a region; in formaldehyde in Finland and to the creation or strengthening of a dominant position in plastic stack-nest containers, plastic stackable containers, plastic bottle trays, plastic crates and plastic pallets in Finland, Sweden and Norway; and in plastic small-parts storage systems in Sweden and Norway or, alternatively, in the markets for plastic materials handling systems in the Nordic region comprising Finland, Sweden and Norway.

6. The Advisory Committee agrees with the Commission that the commitments proposed by the notifying party will remove the competitive concerns raised by the notified operation.

7. The Advisory Committee agrees with the Commission that, subject to full compliance with the commitments, the notified operation should be declared compatible with the common market and the functioning of the EEA Agreement.

8. The Advisory Committee recommends the Commission to take account of all the matters raised in the discussion.

9. The Advisory Committee agrees with the publication of its opinion.