# C_2008094EN.01001701.xml

| 16.4.2008 | EN | Official Journal of the European Union | C 94/17 |
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16.4.2008

EN

Official Journal of the European Union

C 94/17

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Opinion of the Advisory Committee on Mergers given at its meeting of 17 September 2007 relating a draft decision relating to Case COMP/M.3333 — Sony/BMG

Rapporteur: Denmark

(2008/C 94/07)

| 1. | The members of the Advisory Committee agree with the Commission that the notified operation constitutes a concentration within the meaning of the Merger Regulation (EEC) No 4064/89. |
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1.

The members of the Advisory Committee agree with the Commission that the notified operation constitutes a concentration within the meaning of the Merger Regulation (EEC) No 4064/89.

| 2. | The members of the Advisory Committee agree with the Commission that the notified operation has a Community dimension as defined by that Regulation. |
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2.

The members of the Advisory Committee agree with the Commission that the notified operation has a Community dimension as defined by that Regulation.

| 3. | The majority of the members of the Advisory Committee agrees with the Commission that in the present case the relevant product markets are:






  (a) | the market for physical recorded music; |
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3.

The majority of the members of the Advisory Committee agrees with the Commission that in the present case the relevant product markets are:

(a)

the market for physical recorded music;

| (b) | the market for licensing of recorded music in digital format which might be further subdivided into markets for online and mobile digital music. |
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(b)

the market for licensing of recorded music in digital format which might be further subdivided into markets for online and mobile digital music.

A minority of the members of the Advisory Committee disagrees with point 3(a).

| 4. | The members of the Advisory Committee agree with the Commission that the market for physical recorded music is national in scope. |
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4.

The members of the Advisory Committee agree with the Commission that the market for physical recorded music is national in scope.

| 5. | The members of the Advisory Committee agree with the Commission that the market for recorded music in digital format is national in scope. |
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5.

The members of the Advisory Committee agree with the Commission that the market for recorded music in digital format is national in scope.

| 6. | The members of the Advisory Committee agree with the Commission that the proposed concentration will not lead to the creation of a single dominant position, as a result of which effective competition would be significantly impeded in the Common Market or in a substantial part of it, in any of the EEA countries in the markets for physical recorded music. |
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6.

The members of the Advisory Committee agree with the Commission that the proposed concentration will not lead to the creation of a single dominant position, as a result of which effective competition would be significantly impeded in the Common Market or in a substantial part of it, in any of the EEA countries in the markets for physical recorded music.

| 7. | The members of the Advisory Committee agree with the Commission that the proposed concentration will not lead to the creation of a single dominant position, as a result of which effective competition would be significantly impeded in the Common Market or in a substantial part of it, in any of the EEA countries in the markets for recorded music in digital format. |
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7.

The members of the Advisory Committee agree with the Commission that the proposed concentration will not lead to the creation of a single dominant position, as a result of which effective competition would be significantly impeded in the Common Market or in a substantial part of it, in any of the EEA countries in the markets for recorded music in digital format.

| 8. | The members of the Advisory Committee agree with the Commission that the proposed concentration will not lead to the strengthening nor the creation of a collective dominant position, as a result of which effective competition would be significantly impeded in the Common Market or in a substantial part of it, in any of the EEA countries in the markets for physical recorded music. |
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8.

The members of the Advisory Committee agree with the Commission that the proposed concentration will not lead to the strengthening nor the creation of a collective dominant position, as a result of which effective competition would be significantly impeded in the Common Market or in a substantial part of it, in any of the EEA countries in the markets for physical recorded music.

| 9. | The members of the Advisory Committee agree with the Commission that the proposed concentration will not lead to the strengthening nor the creation of a collective dominant position, as a result of which effective competition would be significantly impeded in the Common Market or in a substantial part of it, in any of the EEA countries in the markets for recorded music in digital format. |
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9.

The members of the Advisory Committee agree with the Commission that the proposed concentration will not lead to the strengthening nor the creation of a collective dominant position, as a result of which effective competition would be significantly impeded in the Common Market or in a substantial part of it, in any of the EEA countries in the markets for recorded music in digital format.

| 10. | The members of the Advisory Committee agree with the Commission that the proposed concentration should be declared compatible with the Common Market and with the EEA Agreement. |
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10.

The members of the Advisory Committee agree with the Commission that the proposed concentration should be declared compatible with the Common Market and with the EEA Agreement.

| 11. | The Advisory Committee is of the opinion that the Commission has taken due account of the findings of the Court of First Instance in the Impala Case. |
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11.

The Advisory Committee is of the opinion that the Commission has taken due account of the findings of the Court of First Instance in the Impala Case.

| 12. | The members of the Advisory Committee recommend the publication of its opinion in the Official Journal of the European Union. |
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12.

The members of the Advisory Committee recommend the publication of its opinion in the Official Journal of the European Union.

Official Journal of the European Union

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