Judgment_paragraph 145 · Sun Chemical Group BV, Siegwerk Druckfarben AG and Flint Group Germany GmbH v Commission of the European Communities (T-282/06)

145In earlier decisions, the Commission concluded that serious competition concerns could be raised on account of a lack of available capacity or an insufficient number of suitable competitors and examined whether competitors had sufficient spare capacity to cover sales to a significant extent, whether they could make available such capacity and whether potential competitors could contribute to making available spare capacity (Commission Decision 2006/171/EC of 3 May 2005 declaring a concentration compatible with the common market and the functioning of the EEA Agreement (Case COMP/M.3178 — Bertelsmann/Springer/JV) (OJ 2006 L 61, p. 17; ‘Bertelsmann/Springer/JV). The Commission conducted detailed investigations into access to raw materials for alternative suppliers to be able to compete with the merged entity, emphasising and examining closely the need for access to necessary resources (Bertelsmann/Springer/JV), easy access to raw materials [Commission Decision of 29 March 2006 declaring a concentration compatible with the common market and the functioning of the EEA Agreement (Case COMP/M.3975 — Cargill/Degussa Food Ingredients); ’Cargill/DFI'], access to essential inputs [Commission Decision 96/177/EC of 19 July 1995 declaring a concentration to be incompatible with the common market and the functioning of the EEA Agreement (Case IV/M.490 — Nordic Satellite Distribution) (OJ 1995 L 53, p. 20; ‘Nordic Satellite Distribution’)], the availability of increased supplies (Commission Decision 2000/42/EC of 9 March 1999 relating to a proceeding under the Merger Regulation (Case IV/M.1313 — Danish Crown/Vestjyske Slagterier) (OJ 1999 L 20, p. 1; ‘Danish Crown/Vestjyske Slagterier’) and other aspects such as geographical location, available infrastructure, transport costs, operating costs, political stability, available land for plant expansion and the limited availability of supplies (Alcoa/Reynolds, cited in paragraph 80 above).

Sun Chemical Group BV, Siegwerk Druckfarben AG and Flint Group Germany GmbH v Commission of the European Communities (T-282/06)

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