2004/251/EC: Commission Decision of 24 July 2002 declaring a concentration to be compatible with the common market and with the EEA Agreement (Case COMP/M.2698 — Promatech/Sulzer) (Text with EEA relevance) (notified under document number C(2002) 2807)

• Articles: 5

Article 1

The operation whereby Promatech would acquire sole control of Sulzer Textile within the meaning of Article 3(1)(b) of Regulation (EEC) No 4064/89 is, as modified in accordance with the Annexes to this Decision, declared compatible with the common market and with the EEA Agreement.

Article 2

Article 1 is subject to full compliance with the conditions set out in points 1, 2, 4, 8, 9, 10, 11, 12, 15, 19, 20, 21 and 29(ii) of Annex I and in points 1, 2, 4, 8, 9, 10, 11, 12, 16, 20, 21, 22 and 30(ii) of Annex II. These conditions are necessary in order to maintain or restore effective competition within the territory of the referring Member States in accordance with Article 22(5) of Regulation (EEC) No 4064/89.

Article 3

Article 1 is subject to full compliance with the obligations set out in the remaining points of Annexes I and II.

Article 4

This Decision is addressed to: Promatech SpA Via Case Sparse, No 4 I - 24020 Colzate ( BG )

Done at Brussels, 24 July 2002.

For the Commission

Mario Monti

Member of the Commission

(1) OJ L 395, 30.12.1989, p. 1; corrected version in OJ L 257, 21.9.1990, p. 13.

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

(3) OJ C 67, 17.3.2004.

(4) OJ C 67, 17.3.2004.

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

(6) See in this regard the reports of the International Textile Manufacturers Federation (ITMF), in particular the International Textile Machinery Shipment Statistics (volume 23/2000).

(7) There were only around 1000 projectile looms sold worldwide in 2000, and around 200 in western Europe (EEA and Switzerland). This accounts for 2 % of all looms sold worldwide and 4 % of all looms sold in western Europe.

(8) Two Russian producers manufacture a small number of projectile looms but these are not sold in western Europe.

(9) According to statistics supplied by the International Textile Manufacturers Federation (ITMF) 97,5 % of all water-jet looms were sold in Asia (22368 out of 22940). Only 45 machines were sold in western Europe.

(10) In the year 2000, a total of four multiphase looms were sold, two in western Europe and two in the USA.

(11) According to the available data, in 2001 there were no purchases of negative rapier weaving machines in Luxembourg, Ireland, Finland, Iceland or Norway.

(12) According to Promatech, although the concerns relating to technological development account for the early replacement of weaving machines in western Europe, the physical life of the machines also depends on the geographic area in which customers are based and on maintenance conditions. In Europe and North America, customers try to maximise the performance of weaving machines, and this results in great wear and tear.

(13) See Case T-102/96 Gencor v Commission [1999] ECR II-753, paragraph 100.

(14) See Case 85/76 Hoffmann-La Roche v Commission [1979] ECR 461, paragraphs 38 and 39; see also Case T-102/96 Gencor v Commission [1999] ECR II-753, paragraph 200.

(15) See 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, and Case T-221/95- Endemol v Commission [1999] ECR II-1299, paragraph 134.

(16) Promatech has identified the following as being the main accessories for weaving machines: shedding motions, that include dobbies, external cam motions, internal cam motions and jacquards; heddles; drop wires; warp stop motions; heald frames; weft stop motions; tuck-in devices; name selvedge Jacquard machines; weft pre-feeders; leno devices; beams; nozzle and sub-nozzle (only for air-jet machines); and reeds.

(17) The Itema Group produces warp stop motions through its subsidiary OMV.

(18) See Case T-102/96 Gencor v Commission [1999] ECR II-753, paragraph 100.

Schedules & Appendices

ANNEX I

The full original text of the conditions and obligations referred to in Articles 1, 2 and 3 may be consulted on the following Commission website:

http://europa.eu.int/comm/ competition/index_en.html

ANNEX II

The full original text of the conditions and obligations referred to in Articles 1, 2 and 3 may be consulted on the following Commission website:

http://europa.eu.int/comm/ competition/index_en.html