32000Y1122(01)

Opinion

of the Advisory Committee on concentrations given at the 71st meeting on 18 November 1999 concerning a preliminary draft decision relating to Case COMP/M.1578 - Sanitec/Sphinx

(2000/C 331/03)

(Text with EEA relevance)

1. The Advisory Committee agrees with the Commission that the notified operation has a Community dimension within the meaning of Article 1(3), constitutes a concentration within the meaning of Article 3(1)(b), of the EC Merger Regulation and that it constitutes a case of cooperation under the EEA Agreement.

2. The Advisory Committee agrees with the Commission's definitions of the relevant product markets as stated in the draft decision.

3. The Advisory Committee agrees with the Commission's assessment according to which the relevant geographic market should be considered narrower than EEA and that the Nordic area or, alternatively, the Nordic countries separately constitute a separate relevant geographic market from continental Europe.

4. The Advisory Committee agrees with the Commission that the concentration as notified:

(a) would not lead to the creation or strengthening of dominant positions in any relevant product market in Continental Europe;

(b) would lead to the strengthening of a dominant position, in the ceramic sanitary ware market or, alternatively, in the markets for WCs, WC cisterns and washbasins in the Nordic area, or alternatively in Sweden, Finland, Denmark, Norway and Iceland;

(c) would further lead to the creation of a dominant position in the market for bathtubs in the Nordic area or, alternatively, in Finland, Sweden, Denmark and Norway;

(d) would lead to the strengthening of a dominant position in Norway or, alternatively, lead to the creation of a dominant position in the market for shower screens in the Nordic area.

5. The Advisory Committee agrees with the Commission that the commitments offered by Sanitec are adequate to remedy the competitive situation in the Nordic countries.

6. The Advisory Committee agrees with the Commission that the notified concentration, subject to the condition of full compliance with the commitments offered by Sanitec, should be declared compatible with the common market and the functioning of the EEA Agreement.

7. The Advisory Committee invites the Commission to take into account all the other points raised by the Member States during the discussion.

8. The Advisory Committee recommends the publication of its Opinion in the Official Journal of the European Communities.