# C_2008237EN.01000601.xml

| 16.9.2008 | EN | Official Journal of the European Union | C 237/6 |
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16.9.2008

EN

Official Journal of the European Union

C 237/6

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Opinion of the Advisory Committee on Mergers given at its meeting of 6 May 2008 regarding a draft decision relating to Case COMP/M.4854 — TomTom/Tele Atlas

Rapporteur: Ireland

(2008/C 237/10)

| 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 and that it can be deemed to have a community dimension pursuant to Article 4(5) of that 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 and that it can be deemed to have a community dimension pursuant to Article 4(5) of that Regulation.

| 2. | The Advisory Committee agrees with the Commission that this is a vertical merger comprising the following relevant product markets:






  — | Navigable Digital Map Database — Upstream market, |
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2.

The Advisory Committee agrees with the Commission that this is a vertical merger comprising the following relevant product markets:

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Navigable Digital Map Database — Upstream market,

| — | Navigation Software — Intermediate market, |
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Navigation Software — Intermediate market,

| — | Portable Navigation Devices — Downstream market. |
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Portable Navigation Devices — Downstream market.

| 3. | The Advisory Committee agrees with the Commission that the relevant geographic market for Navigable Digital Map Database is worldwide in scope. |
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3.

The Advisory Committee agrees with the Commission that the relevant geographic market for Navigable Digital Map Database is worldwide in scope.

| 4. | The Advisory Committee agrees with the Commission that the relevant geographic market for Navigation Software is worldwide in scope. |
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4.

The Advisory Committee agrees with the Commission that the relevant geographic market for Navigation Software is worldwide in scope.

| 5. | The Advisory Committee agrees with the Commission that the relevant geographic market for Portable Navigation Devices is EEA-wide in scope. |
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5.

The Advisory Committee agrees with the Commission that the relevant geographic market for Portable Navigation Devices is EEA-wide in scope.

| 6. | The Advisory Committee agrees with the Commission's conclusion that the merged entity may have the ability to increase price or degrade quality/delay access to Navigable Digital Map Databases to some of its competitors in the Portable Navigation Devices and Navigation Software markets. |
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6.

The Advisory Committee agrees with the Commission's conclusion that the merged entity may have the ability to increase price or degrade quality/delay access to Navigable Digital Map Databases to some of its competitors in the Portable Navigation Devices and Navigation Software markets.

| 7. | The Advisory Committee agrees with the Commission's conclusion that the merged entity would have no incentive to increase the price or degrade quality/delay access to Navigable Digital Map Databases to its competitors in the Portable Navigation Devices and Navigation Software markets. |
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7.

The Advisory Committee agrees with the Commission's conclusion that the merged entity would have no incentive to increase the price or degrade quality/delay access to Navigable Digital Map Databases to its competitors in the Portable Navigation Devices and Navigation Software markets.

| 8. | 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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8.

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.

| 9. | The Advisory Committee agrees with the Commission's conclusion that the proposed concentration will not result in a significant impediment of effective competition in the common market or a substantial part of it. |
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9.

The Advisory Committee agrees with the Commission's conclusion that the proposed concentration will not result in a significant impediment of effective competition in the common market or a substantial part of it.

| 10. | The Advisory Committee agrees with the Commission that the notified concentration should therefore be declared compatible with the common market pursuant to Article 8(1) of the EC Merger Regulation. |
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10.

The Advisory Committee agrees with the Commission that the notified concentration should therefore be declared compatible with the common market pursuant to Article 8(1) of the EC Merger Regulation.

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