# C_2012060EN.01000301.xml

| 29.2.2012 | EN | Official Journal of the European Union | C 60/3 |
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29.2.2012

EN

Official Journal of the European Union

C 60/3

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Opinion of the Advisory Committee on mergers given at its meeting of 4 October 2011 regarding a draft decision relating to Case COMP/M.6106 — Caterpillar/MWM

Rapporteur: Ireland

2012/C 60/03

| 1. | The Advisory Committee agrees with the Commission that the notified operation constitutes a concentration within the meaning of Article 3(1)(b) of the EC Merger Regulation. |
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1.

The Advisory Committee agrees with the Commission that the notified operation constitutes a concentration within the meaning of Article 3(1)(b) of the EC Merger Regulation.

| 2. | The Advisory Committee agrees with the Commission that the relevant product market is the market for gas gensets with a power above 0,5 MW. |
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2.

The Advisory Committee agrees with the Commission that the relevant product market is the market for gas gensets with a power above 0,5 MW.

| 3. | The Advisory Committee agrees with the Commission that the relevant geographic market for gas gensets with a power above 0,5 MW is at least EEA-wide in scope, and probably global. |
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3.

The Advisory Committee agrees with the Commission that the relevant geographic market for gas gensets with a power above 0,5 MW is at least EEA-wide in scope, and probably global.

| 4. | The Advisory Committee agrees with the Commission’s conclusion that the proposed concentration will not give rise to a significant impediment of effective competition in the market for gas gensets with power above 0,5 MW based on unilateral effects. |
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4.

The Advisory Committee agrees with the Commission’s conclusion that the proposed concentration will not give rise to a significant impediment of effective competition in the market for gas gensets with power above 0,5 MW based on unilateral effects.

| 5. | The Advisory Committee agrees with the Commission’s conclusion that the proposed concentration will not give rise to a significant impediment of effective competition in the market for gas gensets with power above 0,5 MW based on coordinated effects. |
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5.

The Advisory Committee agrees with the Commission’s conclusion that the proposed concentration will not give rise to a significant impediment of effective competition in the market for gas gensets with power above 0,5 MW based on coordinated effects.

| 6. | The Advisory Committee agrees with the Commission’s conclusion that the proposed concentration will not give rise to a significant impediment of effective competition based on the foreclosure of packagers. |
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6.

The Advisory Committee agrees with the Commission’s conclusion that the proposed concentration will not give rise to a significant impediment of effective competition based on the foreclosure of packagers.

| 7. | The Advisory Committee agrees with the Commission’s conclusion that the proposed concentration is not likely to result in any anti-competitive impact to the detriment of consumers. |
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7.

The Advisory Committee agrees with the Commission’s conclusion that the proposed concentration is not likely to result in any anti-competitive impact to the detriment of consumers.

| 8. | The Advisory Committee agrees with the Commission that the notified concentration should therefore be declared compatible with the internal market and the EEA Agreement pursuant to Articles 2(2) and 8(1) of the EC Merger Regulation and Article 57 of the EEA Agreement. |
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8.

The Advisory Committee agrees with the Commission that the notified concentration should therefore be declared compatible with the internal market and the EEA Agreement pursuant to Articles 2(2) and 8(1) of the EC Merger Regulation and Article 57 of the EEA Agreement.

| 9. | The Advisory Committee recommends the publication of its Opinion in the Official Journal of the European Union. |
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9.

The Advisory Committee recommends the publication of its Opinion in the Official Journal of the European Union.

Official Journal of the European Union

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