2004/103/EC: Commission Decision of 30 January 2002 setting out measures in order to restore conditions of effective competition pursuant to Article 8(4) of Council Regulation (EEC) No 4064/89 (Case COMP/M. 2416 — Tetra Laval/Sidel) (notified under document number C(2002) 359) (Text with EEA relevance) — Full Text

Article 1

In order to restore conditions of effective competition, Tetra Laval BV is hereby ordered to separate itself from Sidel SA in accordance with the provisions of the Annex to this Decision.

This decision is addressed to: Tetra Laval BV Amsteldijk 166 1071 LH Amsterdam The Netherlands Done at Brussels, 30 January 2002. For the Commission Mario Monti Member of the Commission (1) OJ L 395, 30.12.1989, p. 1; corrected version OJ L 257, 21.9.1990, p. 13. (2) OJ L 180, 9.7.1997, p. 1. (3) OJ C 36, 10.2.2004. (4) OJ C 36, 10.2.2004. (5) [...]*. (6) OJ L 377, 31.12.1994, p. 1. (7) See the seventh and ninth recitals in the preamble to the Merger Regulation. (8) It is important to note in this respect that not only Tetra but also Sidel is an undertaking concerned by these proceedings with specific rights granted under the Merger Regulation and Regulation (EC) No 447/98 (the Implementing Regulation). For example, Sidel is an "involved party" within the meaning of Article 13 of the Implementing Regulation. This imposes an obligation on the Commission to inform Sidel of the content of these proceedings and to allow Sidel to express its views in writing and orally. In this respect, the management of Sidel has a specific right to be heard by the Commission pursuant to Article 18(4) of the Merger Regulation. (9) 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. (10) This principle is established in the Commission's Notice on remedies acceptable under Council Regulation (EEC) No 4064/89 and under Commission Regulation (EC) No 447/98 (the Remedies Notice), OJ C 68, 2.3.2001, page 3, paragraph 17. (11) See Remedies Notice, paragraph 6. (12) See Remedies Notice, paragraph 6. (13) Tetra's Reply at paragraphs 103-116. (14) Commission Decision of 15 October 1997, OJ L 288, 27.10.1998, p. 24. (15) Commission Decision of 14 March 2000, not yet published in the OJ. (16) Commission Decision of 4 May 1993, OJ L 217, 27.8.1993, p. 35. (17) Commission Decision of 1 September 2000. (18) Commission Decision of 26 June 1997, OJ L 316, 25.11.1998, p. 1. (19) Commission Decision of 19 February 1997, OJ L 174, 2.7.1997, p. 47. (20) See Remedies Notice, paragraph 6. (21) Reply, paragraphs 64 to 102. (22) It is to be noted that, at a meeting between the Commission services and representatives of Tetra held on 24 January 2002, i.e. following the discussion of the Decision at the Advisory Committee of 22 January 2002, Tetra proposed orally and subsequently in writing that it was willing to remove the "call option" element from the four proposed structures. (23) At a meeting between the Commission services and representatives of Tetra held on 24 January 2002, i.e. following the discussion of the Decision at the Advisory Committee of 22 January 2002, Tetra proposed orally and subsequently in writing that it was willing to remove the "call option" element from the four proposed structures. The Commission considers that the removal of the call option from the structures is desirable as it removes one of the Commission's objections to the proposals as set out in the following paragraphs of this Decision. However, the Commission's concerns such as the uncertainty and limitations which Sidel might face under some of the structures and the fact that Tetra would, under most of the options, retain an indirect legal or beneficial interest in Sidel remain valid. (24) Commission Decision of 13 October 2000. (25) Reply at paragraph 91. (26) Reply, paragraph 47. (27) Reply, paragraph 52.

Supplementary provisions

ANNEX ISupplementary provisions

The full original text of the conditions and obligations referred to in Article 1 may be consulted on the following Commission website: http://europa.eu.int/comm/ competition/index_en.html

Article 1

Article 2

Supplementary provisions

ANNEX ISupplementary provisions

What to look at next