# C_2006052EN.01000201.xml

| 2.3.2006 | EN | Official Journal of the European Union | C 52/2 |
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2.3.2006

EN

Official Journal of the European Union

C 52/2

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Opinion of the Advisory Committee on concentrations given at its 131st meeting on 22 April 2005 concerning a draft decision relating to Case COMP/M.3178 — Berteslmann/Springer/JV

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(2006/C 52/02)

| 1. | The Advisory Committee agrees with the Commission that the notified operation constitutes a concentration within the meaning of the Merger Regulation No 139/04 and that it has a Community dimension as defined by 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 the Merger Regulation No 139/04 and that it has a Community dimension as defined by that Regulation.

| 2. | The Advisory Committee agrees with the Commission that, for the purposes of product market definition, rotogravure printing of high volume printing orders is distinct from heatset web offset printing. A minority abstains. |
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2.

The Advisory Committee agrees with the Commission that, for the purposes of product market definition, rotogravure printing of high volume printing orders is distinct from heatset web offset printing. A minority abstains.

| 3. | The Advisory Committee agrees with the Commission that there is a relevant product market for rotogravure printing of magazines. A minority abstains. |
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3.

The Advisory Committee agrees with the Commission that there is a relevant product market for rotogravure printing of magazines. A minority abstains.

| 4. | The Advisory Committee agrees with the Commission that it can be left open whether the printing of catalogues and advertisements in rotogravure is regarded as one single product market. |
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4.

The Advisory Committee agrees with the Commission that it can be left open whether the printing of catalogues and advertisements in rotogravure is regarded as one single product market.

| 5. | The Advisory Committee agrees with the Commission that the relevant geographic market for rotogravure printing of magazines is limited to Germany. |
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5.

The Advisory Committee agrees with the Commission that the relevant geographic market for rotogravure printing of magazines is limited to Germany.

| 6. | The Advisory Committee agrees with the Commission that the relevant geographic market for rotogravure printing of catalogues can be defined as Germany plus the neighbouring countries (France, Belgium, Netherlands, Luxemburg, Switzerland, Austria, Czech Republic, Poland and Denmark) as well as Italy and Slovakia. |
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6.

The Advisory Committee agrees with the Commission that the relevant geographic market for rotogravure printing of catalogues can be defined as Germany plus the neighbouring countries (France, Belgium, Netherlands, Luxemburg, Switzerland, Austria, Czech Republic, Poland and Denmark) as well as Italy and Slovakia.

| 7. | The Advisory Committee agrees with the Commission that the relevant geographic market for rotogravure printing of advertisement can be defined as Germany plus the neighbouring countries (France, Belgium, Netherlands, Luxemburg, Switzerland, Austria, Czech Republic, Poland and Denmark) as well as Italy and Slovakia. |
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7.

The Advisory Committee agrees with the Commission that the relevant geographic market for rotogravure printing of advertisement can be defined as Germany plus the neighbouring countries (France, Belgium, Netherlands, Luxemburg, Switzerland, Austria, Czech Republic, Poland and Denmark) as well as Italy and Slovakia.

| 8. | The Advisory Committee agrees with the Commission that the proposed concentration does not significantly impede effective competition in the common market or a substantial part of it, in particular as a result of the creation or strengthening of a dominant position






  a) | in the market for rotogravure printing of magazines in Germany. |
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8.

The Advisory Committee agrees with the Commission that the proposed concentration does not significantly impede effective competition in the common market or a substantial part of it, in particular as a result of the creation or strengthening of a dominant position

a)

in the market for rotogravure printing of magazines in Germany.

| b) | in the market for rotogravure printing of catalogues in Germany plus the neighbouring countries (France, Belgium, Netherlands, Luxemburg, Switzerland, Austria, Czech Republic, Poland and Denmark) as well as Italy and Slovakia. |
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b)

in the market for rotogravure printing of catalogues in Germany plus the neighbouring countries (France, Belgium, Netherlands, Luxemburg, Switzerland, Austria, Czech Republic, Poland and Denmark) as well as Italy and Slovakia.

| c) | in the market for rotogravure printing of advertisements in Germany plus the neighbouring countries (France, Belgium, Netherlands, Luxemburg, Switzerland, Austria, Czech Republic, Poland and Denmark) as well as Italy and Slovakia. |
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c)

in the market for rotogravure printing of advertisements in Germany plus the neighbouring countries (France, Belgium, Netherlands, Luxemburg, Switzerland, Austria, Czech Republic, Poland and Denmark) as well as Italy and Slovakia.

A minority of Member States disagrees with 8 a).

| 9. | The Advisory Committee agrees with the Commission that the proposed concentration does not significantly impede effective competition in the common market or a substantial part of it, in particular as a result of the creation or strengthening of a dominant position






  a) | in any other relevant geographic market for rotogravure printing of magazines. |
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9.

The Advisory Committee agrees with the Commission that the proposed concentration does not significantly impede effective competition in the common market or a substantial part of it, in particular as a result of the creation or strengthening of a dominant position

a)

in any other relevant geographic market for rotogravure printing of magazines.

| b) | in any other relevant geographic market for rotogravure printing of catalogues. |
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b)

in any other relevant geographic market for rotogravure printing of catalogues.

| c) | in any other relevant geographic market for rotogravure printing of advertisements. |
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c)

in any other relevant geographic market for rotogravure printing of advertisements.

| 10. | The Advisory Committee agrees with the Commission that the proposed concentration does not have as an object or effect the coordination of the competitive behaviour of Bertelsmann and Springer in the magazine publishing markets and does therefore not restrict competition within the meaning of Article 2(4) of the Merger Regulation and Article 81 of the Treaty. |
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10.

The Advisory Committee agrees with the Commission that the proposed concentration does not have as an object or effect the coordination of the competitive behaviour of Bertelsmann and Springer in the magazine publishing markets and does therefore not restrict competition within the meaning of Article 2(4) of the Merger Regulation and Article 81 of the Treaty.

| 11. | The Advisory Committee agrees with the Commission that the proposed concentration does not significantly impede effective competition in the common market or a substantial part of it, in particular as a result of the creation or strengthening of a dominant position, within the meaning of Article 2(2) of the Merger Regulation and that the proposed concentration is therefore to be declared compatible with the Common Market and with the EEA Agreement. |
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11.

The Advisory Committee agrees with the Commission that the proposed concentration does not significantly impede effective competition in the common market or a substantial part of it, in particular as a result of the creation or strengthening of a dominant position, within the meaning of Article 2(2) of the Merger Regulation and that the proposed concentration is therefore to be declared compatible with the Common Market and with the EEA Agreement.

| 12. | The Advisory Committee asks the Commission to take into account all the other points raised during the discussion. |
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12.

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

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