Opinion of the Advisory Committee on Concentrations given at the 75th meeting on 28/29 February 2000 concerning a preliminary draft decision relating to case COMP/M.1663 — Alcan/Alusuisse (Text with EEA relevance)
C 82/2 EN Official Journal of the European Communities 5. 4. 2002 of the Advisory Committee on Concentrations given at the 75th meeting on 28/29 February 2000 concerning a preliminary draft decision relating to case COMP/M. 1663 — Alcan/Alusuisse OPINION (2002/C 82/02) (Text with EEA relevance) 1. The Advisory Committee agrees with the product market definition given in the draft decision concerning the following markets: (a) alumina trihydrate (ATH); (b) lithographic sheet; (c) aluminium semi-rigid containers; (d) aluminium aerosol cans; (e) aluminium flexible packaging for cheese. 2. The Committee agrees with the geographic market defi- nition given in the draft decision concerning the following markets: (a) alumina trihydrate (ATH); (b) lithographic sheet; (c) aluminium semi-rigid containers; (d) aluminium aerosol cans; (e) aluminium flexible packaging for cheese. 3. The Committee agrees with the Commission that the concentration would lead to a dominant position of Alcan/ Alusuisse in the markets (a) and (c). 4. The Committee agrees with the Commission that the concentration would lead to a dominant position of Alcan/ Alusuisse/Pechiney in the markets (d) and (e), if the Alcan/ Pechiney concentration is declared compatible with the common market. 5. The Committee agrees with the Commission that the concentration would result in the creation of a duopolistic dominant position of Alcan/Alusuisse and VAW in the market (b), also because of their participation in the joint venture firm Norf. 6. The Committee agrees with the Commission that, after the concentration, effective competition would be significantly the impeded in the above-mentioned markets, so that concentration is incompatible with the common market. 7. The Committee provisionally takes the view that, subject to substantial improvements, in particular with regard to litho- graphic sheets and semi-rigid containers, the undertakings proposed by the parties could remove the concerns raised in the case and make the concentration compatible with the common market. 8. The Advisory Committee invites the Commission to take into account all the other points raised by the Member States during the discussion. 9. The Advisory Committee recommends publication of this Opinion in the Official Journal of the European Communities