WRITTEN QUESTION No. 2292/97 by Giacomo SANTINI to the Commission. Market concentration in the industrial batteries sector
C 45/168 EN Official Journal of the European Communities 10. 2. 98 Answer given by Mr Fischler on behalf of the Commission (1 August 1997) The Commission accepts that serious animal welfare problems have come to light in respect of a number of reported incidents involving shipments of livestock from the Community to the Middle East and North Africa. The Commission has examined the possibility of linking the payment of export refunds to the observance of adequate animal welfare provisions. In this connection the Commission has recently presented a proposal (1) to the Council under which the payment of export refunds would be subject to compliance by trade operators with the provisions of Directive 91/628/EEC on the protection of animals during transport and amending Directives 90/425/EEC and 91/496/EEC (2). (1) COM(97) 161 final. (2) OJ L 340, 11. 12. 1991. (98/C 45/221) WRITTEN QUESTION P-2292/97 by Giacomo Santini (UPE) to the Commission (26 June 1997) Subject: Market concentration in the industrial batteries sector On 31 May 1997 the EXIDE Verwaltungs GmbH Group of Buedingen, a company descended from the EXIDE Corporation based in Bloomfield Hills, Michigan, which is a world leader in the industrial batteries sector, accounting for 35% of the market, acquired a 100% stake in the lead battery maker DETA Akkumulatorenwerk GmbH of Bad Lauterberg and MAREG Akkumulatoren GmbH of Duisburg. This acquisition will lead to a further concentration of the market in this sector, with the result that the (already unacceptable) oligopoly will now verge on a monopoly. In 1996 the EXIDE Group had a turnover of around $2. 3 billion, of which $1. 6 billion was in the EU, and recently acquired two of the leading European battery producers, TUDOR and CEAG, as well as acquiring many other companies in the past few years. Does the Commission not believe that it should investigate whether this operation is creating a dominant market position and inform the supervisory authority in Germany, the competent Community institutions and the European Parliament? Answer given by Mr Van Miert on behalf of the Commission (17 July 1997) The operation mentioned by the Honourable Member does not fall within the Commission’s jurisdiction under the Community competition rules, in particular Council Regulation No 4064/89 on the control of concentrations between undertakings (1). The acquired companies do not achieve the turnover threshold of 250 MECU at Community level as established by the Regulation, thus the concentration does not have the dimension required to fall under the Community merger rules. Consequently, the national antitrust authorities, and in particular for the present case the Bundeskartellamt in Germany, have jurisdiction on the concentration. The Commission is aware that the Bundeskartellamt has started an examination procedure, now in progress, whereby customers and competitors of the companies concerned have been requested to submit their comments on the operation. If the Honourable Member wishes to pursue his request further, the Commission suggests that he contacts the German authority. (1) OJ L 395, 30. 12. 1989