# C_2008047EN.01000601.xml

| 20.2.2008 | EN | Official Journal of the European Union | C 47/6 |
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20.2.2008

EN

Official Journal of the European Union

C 47/6

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Opinion of the Advisory Committee on concentrations given at its 151st meeting on 11 June 2007 concerning a draft decision relating to Case COMP/M.4439 — Ryanair/Aer Lingus

Rapporteur: Poland

(2008/C 47/03)

| 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 majority of the Advisory Committee agrees with the Commission that the notified transaction can be deemed to have a Community dimension pursuant to Article 1(3) of the EC Merger Regulation. |
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2.

The majority of the Advisory Committee agrees with the Commission that the notified transaction can be deemed to have a Community dimension pursuant to Article 1(3) of the EC Merger Regulation.

| 3. | The Advisory Committee agrees with the Commission's definitions of the relevant markets as stated in the draft decision. |
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3.

The Advisory Committee agrees with the Commission's definitions of the relevant markets as stated in the draft decision.

| 4. | The Advisory Committee agrees with the Commission that the proposed transaction would significantly impede effective competition in the common market as a result of the creation of a dominant position of Ryanair and Aer Lingus on 35 routes from and to Dublin, Shannon and Cork. |
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4.

The Advisory Committee agrees with the Commission that the proposed transaction would significantly impede effective competition in the common market as a result of the creation of a dominant position of Ryanair and Aer Lingus on 35 routes from and to Dublin, Shannon and Cork.

| 5. | The Advisory Committee agrees with the Commission that the proposed transaction would significantly impede effective competition as a result of the creation or strengthening of a dominant position by the elimination of a credible potential entrant on 15 routes from and to Dublin and Cork. |
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5.

The Advisory Committee agrees with the Commission that the proposed transaction would significantly impede effective competition as a result of the creation or strengthening of a dominant position by the elimination of a credible potential entrant on 15 routes from and to Dublin and Cork.

| 6. | The Advisory Committee agrees with the Commission that the proposed transaction does not give rise to efficiencies that would counteract the significant impediment to effective competition resulting from it. |
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6.

The Advisory Committee agrees with the Commission that the proposed transaction does not give rise to efficiencies that would counteract the significant impediment to effective competition resulting from it.

| 7. | The Advisory Committee agrees with the Commission that the final commitments offered by Ryanair do not address the competition concerns identified by the Commission in a sufficient manner and will therefore not eliminate the significant impediment to effective competition created by the transaction. |
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7.

The Advisory Committee agrees with the Commission that the final commitments offered by Ryanair do not address the competition concerns identified by the Commission in a sufficient manner and will therefore not eliminate the significant impediment to effective competition created by the transaction.

| 8. | The Advisory Committee agrees with the Commission that the notified concentration must be declared incompatible with the common market and the functioning of the EEA Agreement. |
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8.

The Advisory Committee agrees with the Commission that the notified concentration must be declared incompatible with the common market and the functioning of the EEA Agreement.

| 9. | The Advisory Committee asks the Commission to take into account all the other points raised during the discussion. |
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9.

The Advisory Committee asks the Commission to take into account all the other points raised during the discussion.

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