On Thursday 18 February, the European Commission adopted definitive measures to safeguard Novelis’s divestiture of the former Aleris plant in Duffel, Belgium (see EUROPE 12339/14).
In order to obtain authorisation to purchase Aleris in 2019, Novelis offered to divest the plant under binding commitments, but was unable to complete the sale within the deadline, despite the extensions it was granted.
As a consequence of the failure to comply with this condition, the decision and the commitments were no longer valid.
The Commission therefore adopted interim measures to safeguard competition.
Novelis subsequently sold the Duffel plant, as authorised by the Commission in the interim measures.
Thursday’s decision, which imposed definitive measures on Novelis, will ensure that competition is safeguarded. The measures imposed include obligations similar to the commitments initially linked to the 2019 authorisation decision, in order to ensure that the divested Duffel plant is still an independent, competitive participant in the market.
These definitive measures prevent Novelis from buying all or part of the Duffel factory (Novelis will also not be able to target the Duffel factory’s customers or try to procure current orders). Transitional arrangements have also been planned, as have measures relating to the trustee’s mandate and investment funding for the benefit of the plant.
Finally, there is provision for daily penalty payments if Novelis fails to comply.
Further information on this case can be found at: http://bit.ly/3pDDFZ6 (Original version in French by Lionel Changeur)