Opinion of the Advisory Committee on Concentrations given at the 77th meeting on 14 April 2000 concerning a preliminary draft decision relating to Case COMP/M.1693 — Alcoa/Reynolds
C 53/14 EN Official Journal of the European Communities 28. 2. 2002 Opinion of the Advisory Committee on Concentrations given at the 77th meeting on 14 April 2000 concerning a preliminary draft decision relating to Case COMP/M. 1693 - Alcoa/Reynolds (2002/C 53/07) 1. The Advisory Committee agrees with the Commission that the notified operation constitutes a concentration within the meaning of Article 3(1)(b) of the Merger Regulation, it has a Community dimension as defined by Article 1(2) of the Regulation and it constitutes a case of cooperation under the EEA Agreement. 2. The Advisory Committee agrees with the Commission’s defi- nition of the relevant product markets for: (a) smelter grade alumina, (b) commodity alumina hydrate, and (c) high purity P0404 aluminium. 3. The Advisory Committee agrees with the Commission’s defi- nition of the relevant geographic markets for: (a) smelter grade alumina, (b) commodity alumina hydrate, and (c) high purity P0404 aluminium. 4. The Advisory Committee agrees with the views of the Commission expressed in the draft decision that the concen- tration will create a single dominance position in the markets for: (a) smelter grade alumina, (b) commodity alumina hydrate, and (c) high purity P0404 aluminium. on the geographic markets considered, as result of which competition within the common market and the EEA will be significantly impeded. 5. The majority of the Advisory Committee reserves their position considering the limited amount of time available to make an assessment of the commitments proposed by Aloca on 12 April 2000 and will give their opinion in writing. A minority agrees with the Commission that the said commitments would remove the competitive concerns of the notified operation in the markets identified by the Commission. Another minority does not agree with the commitments because the they were deadline of Article 18(2) of Commission Regulation (EC) No 447/98. submitted past 6. The majority of that, subject the Advisory Committee reserves their to full compliance position as to the fact with the submitted commitments, the proposed concen- tration can be declared compatible with the common market and the functioning of EEA Agreement and will give their opinion in writing. A minority agrees with the Commission that, to full compliance with the submitted commitments, the proposed concentration can be declared compatible with the common market and the functioning of EEA Agreement. Another minority does not agree because the commitments were submitted past the deadline of Article 18(2) of Regulation (EC) No 447/98. subject 7. The Advisory Committee asks the Commission to take account of the other points raised during the discussion of this case. 8. The Advisory Committee recommends the publication of its opinion in the Official Journal of the European Communities