2003/260/EC: Commission decision of 21 February 2002 declaring a concentration to be compatible with the common market and the EEA Agreement (Case COMP/M.2495 — Haniel/Fels) (Text with EEA relevance.) (notified under document number C(2002) 554)

• Articles: 2

Article 1

The notified concentration, through which Haniel Baustoff-Industrie Zuschlagsstoffe GmbH will acquire sole control of Fels-Werke GmbH within the meaning of Article 3(1)(b) of the Merger Regulation, is hereby declared compatible with the common market and with the operation of the EEA Agreement.

Article 2

This Decision is addressed to:

Haniel Baustoff-Industrie Zuschlagsstoffe GmbH Franz-Haniel-Platz 6-8 D - 47119 Duisburg-Ruhrort

Done at Brussels, 21 February 2002.

For the Commission

Mario Monti

Member of the Commission

(1) OJ L 395, 30.12.1989, p. 1; corrigendum OJ L 257, 21.9.1990, p. 13.

(2) OJ L 180, 9.7.1997, p. 1.

(3) OJ C 97, 24.4.2003.

(4) OJ C 97, 24.4.2003.

(5) Turnover calculated in accordance with Article 5(1) of the Merger Regulation and with the Commission notice on calculation of turnover (OJ C 66, 2.3.1998, p. 25). Turnover achieved before 1 January 1999 has been calculated in accordance with the average ECU exchange rate and converted into euro at a rate of 1:1.

(6) Maximum size: 240 mm x 175 mm x 113 mm.

(7) Case COMP/M.1866 - Preussag/Hebel, decision of 29 March 2000.

(8) NMa, decision of 20 October 1998 in Case 124/CVK - Kalkzandsteen.

(9) NMa, decision of 29 February 2000 in Case 2427/NCD - Fernhout.

(10) Parts of this text have been edited to ensure that confidential information is not disclosed; those parts are enclosed in square brackets and marked with an asterisk.

(11) According to the information provided by the parties, in situ concrete accounts for 40 % of the materials used in tunnel forming; the market investigation suggested that the proportion might be even higher than that.

(12) In particular for elements cut for a specific use or for specific deliveries; see paragraph 32. Haniel has also indicated that, generally, it must be assumed that, above a given wall strength, the product is used for load-bearing walls.

(13) On the assumption that 40 % of the in situ concrete used in the Netherlands is cast using the tunnel-forming method; see footnote 10.

(14) The calculation is based on estimates made by the parties on the shares of the various building materials in the consumption of wall-building materials as a whole and broken down as between load-bearing and non-load-bearing walls. Inasmuch as wall-building materials are used in load-bearing and non-load-bearing walls (e.g. sand-lime bricks, aerated concrete), only that part of such building materials which is estimated to be used in load-bearing walls was taken into account. On the basis of its market investigation, the Commission considers these estimates to be basically accurate; however, precise statistical data are not available.

(15) Case 85/76 Hoffmann-La Roche v Commission [1979] ECR 461, paragraph 39; see also Case T-102/96 Gencor v Commission [1999] ECR II-753, paragraphs 201 and 202.

(16) Until mid-2001, Cementbouw was a subsidiary of the Dutch building group NBM Amstelland NV. At the beginning of the year, the Cementbouw group was sold to CVC Capital Inc., a venture capital firm.

(17) In asmuchas wall-building materials are used in load-bearing and non-load-bearing walls (e.g. sand-lime bricks, aerated concrete), only that part of such building materials which is used in non-load-bearing walls was taken into account.