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20.5.

98 EN Official Journal of the European Communities C 155/27

other future assistance in a sector which has received aid the measures in question within 30 days of the date of
over such a long period’’. A negative decision concerning publication of this notice, to:
the aid will in principle entail its repayment by the
recipient firm, in accordance with the procedures and
provisions of Italian law, including interest based on the European Commission,
reference rate used to calculated regional aid, with Directorate-General IV,
interest starting to run on the date on which the aid was Rue de la Loi/Wetstraat 200,
granted.’ B-1049 Brussels.

The Commission hereby gives other Member States and The observations will be communicated to the Italian
interested parties notice to submit any observations on Government.

Opinion of the Advisory Committee on Concentrations given at the 44th meeting on 2 April
1997 concerning a preliminary draft decision relating to Case IV/M.754 — Anglo American
Corporation/Lonrho

(98/C 155/11)

(Text with EEA relevance)

1.ÙThe Committee agrees with the Commission in considering that (a) following the
operation Anglo American has the possibility of exercising decisive influence over Lonrho
and (b) also that the operation constitutes a concentration within the meaning of
Article 3(1)(b) of the Merger Regulation.

2.ÙThe Committee considers that the operation has a Community dimenson.

3.ÙThe Committee shares the definition of the relevant markets, held by the Commission, and
considers the two affected markets are platinum and rhodium.

4.ÙThe Committee agrees with the Commission in considering that the relevant geographic
markets for platinum and rhodium are worldwide.

5.ÙThe Committee considers that the operation results in the creation of a dominant position
on the markets for platinum and rhodium.

6.ÙThe Committee considers that the concentration, as notified by the parties, is incompatible
with the common market and the EEA Agreement in application of Article 8(3) of the
Merger Regulation.

7.ÙThe Committee considers that the undertakings offered by the parties, subsequent to the
notification, are insufficient to prevent the creation of a dominant position on the markets
for platinum and rhodium.

8.ÙThe Committee considers that it is possible to include measures to be taken pursuant to


Article 8(4) of the Merger Regulation in the current decision.

9.ÙThe Committee considers that the measures proposed by the Commission in application of
Article 8(4) of the Merger Regulation permits the re-establishment of effective competition
in the platinum and rhodium markets.
C 155/28 EN Official Journal of the European Communities 20.5.98

Several delegations consider it necessary for the Commission to make precisions in the
decision for the reasons for, and the fomulation of, certain of the foreseen measures,
notably those relating to the accumulated shareholding of AAC, De Beers, CHIL and The
Southern Life in the share capital of Lonrho. The majority of the delegations consider that
this shareholding should not exceed 10Ø%.

10.ÙThe Committee recommends that the Commission takes account of the remarks made by
its members during the meeting.

11.ÙThe Committee recommends the publication of its opinion in the Official Journal of the
European Communities.

ADDENDUM TO THE OPINION

The following paragraphs were modified on 22 April 1997 and formally approved by the
Advisory Committee on 10 June 1997:

12.ÙThe Committee considers that the undertakings offered by AAC in a letter subsequent to
2 April 1997 and forwarded to the Member States, in so far as they are completed by
obligations imposed by the Commission, are sufficient to avoid the creation of a dominant
position on the market for platinum and rhodium.

13.ÙConsequently, the Committee considers that the concentration should, subject to the
respect of the undertakings offered by AAC and of the obligations imposed by the
Commission, be declared compatible with the common market and the functioning of the
EEA Agreement, pursuant to Article 8(2) of the Merger Regulation.

14.ÙThe Committee invites the Commission to take account of the remarks made by the
Member States, notably on the exeptional character of the procedure followed with regard
to the terms of Article 19 of the Merger Regulation.