What 2003/36/ECSC - Commission Decision of 7 May 2002 authorising RAG Aktiengesellschaft to acquire control of Saarbergwerke AG and Preussag Anthrazit GmbH (Case COMP/ECSC.1350 - RAG/Saarbergwerke/Preussag Anthrazit II) (Text with EEA relevance) (notified under document number C(2002) 1436) requires
Commission Decision 2003/36/ECSC, adopted on 7 May 2002 and published in Official Journal L 012 on 17 January 2003, authorises RAG Aktiengesellschaft to acquire exclusive control of Saarbergwerke AG (SBW) and Preussag Anthrazit GmbH under Article 66(2) of the Treaty establishing the European Coal and Steel Community (ECSC Treaty). The decision follows the annulment by the Court of First Instance on 31 January 2001 of the original Commission authorisation of 29 July 1998, which had failed to assess whether the total assets of SBW transferred to RAG corresponded to the purchase price of DEM 2 or whether State resources had been implicitly transferred to RAG. The transaction, part of the 'coal compromise' (Kohlekompromiss) reached on 13 March 1997, merges the last three remaining German hard coal mining companies into a single entity, Deutsche Steinkohle AG, controlled by RAG. The Commission's renewed assessment concludes that, under current market conditions - including declining domestic coal production, rising import competition, low market entry barriers, and the absence of long-term anticompetitive procurement obligations - the merger does not give RAG the power to determine prices, control or restrict production or distribution, or hinder effective competition in a substantial part of the affected market, nor to evade the rules of competition under the ECSC Treaty by establishing an artificially privileged position. Even assuming a hypothetical maximum increase in RAG's financial strength of DEM [0 to 500] million resulting from the low purchase price for SBW, this would not be sufficient to enable anti-competitive conduct within the meaning of Article 66(2) of the ECSC Treaty. The Decision is addressed to RAG Aktiengesellschaft, Rellinghauser Straße 1-11, D-45128 Essen.
Pillar: Legal & IP Sovereignty · Authority: Commission of the European Communities · Version: 1.0.0 · Last updated:
Primary source: https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32003D0036
SHA-256 integrity: c53d3dee0d6f6c97e23f2df85ca4fb40d8c035ace3c64be3cc48ba3c08be2618
Primary Citations — 10 traced to source
- Recital 1: 'By letter dated 13 November 1997, RAG Aktiengesellschaft, Essen, ("RAG") notified the Commission under Article 66(1) of the ECSC Treaty that it intended to acquire the entire share capital of Saarbergwerke AG, Saarbrücken, ("SBW") and Preussag Anthrazit GmbH, Ibbenbüren, ("Preussag"). The purpose of the transaction was to bring about a merger between the last three remaining German hard coal mining companies. The purchase price for SBW was DEM 2, of which DEM 1 was to be paid to Germany and DEM 1 to the Saarland in their capacity as previous owners.'
- Recital 4: 'On 31 January 2001, in RJB Mining v Commission, the Court of First Instance annulled the Commission decision of 29 July 1998 in its entirety. The Court found that the Commission had not assessed whether the total assets of SBW transferred to RAG corresponded to the price paid of DEM 2 or whether State resources had been implicitly transferred to RAG.'
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