# C_2006303EN.01000701.xml

| 13.12.2006 | EN | Official Journal of the European Union | C 303/7 |
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13.12.2006

EN

Official Journal of the European Union

C 303/7

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Opinion of the Advisory Committee on concentrations given at its 129th meeting on 19 October 2004 concerning a draft decision relating to Case COMP/M.3436 — Continental/Phoenix

(Text with EEA relevance)

(2006/C 303/06)

| 1. | The notified operation of Continental to achieve sole control of Phoenix constitutes a concentration within the meaning of Art 3(1)b of the Merger Regulation. |
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1.

The notified operation of Continental to achieve sole control of Phoenix constitutes a concentration within the meaning of Art 3(1)b of the Merger Regulation.

| 2. | The notified operation has a Community dimension as defined in Art 1(2) Merger Regulation. |
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2.

The notified operation has a Community dimension as defined in Art 1(2) Merger Regulation.

| 3. | The Advisory Committee agrees with the Commission's delineation of the relevant product markets contained in the Draft Decision. |
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3.

The Advisory Committee agrees with the Commission's delineation of the relevant product markets contained in the Draft Decision.

| 4. | The Advisory Committee agrees with the Commission's definition of the relevant geographic markets contained in the Draft Decision. |
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4.

The Advisory Committee agrees with the Commission's definition of the relevant geographic markets contained in the Draft Decision.

| 5. | The Advisory Committee shares the Commission's view that the concentration as initially notified would create or strengthen a dominant position on






  a) | the European OEM/OES-market for air springs for utility vehicles and |
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5.

The Advisory Committee shares the Commission's view that the concentration as initially notified would create or strengthen a dominant position on

a)

the European OEM/OES-market for air springs for utility vehicles and

| b) | the European market for heavy steel cord conveyor belts. |
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b)

the European market for heavy steel cord conveyor belts.

| 6. | The Advisory Committee shares the Commission's view that the question whether the concentration would create or strengthen a dominant position in the market for car air springs can be left open taking into account the commitment of divesture offered by Continental. |
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6.

The Advisory Committee shares the Commission's view that the question whether the concentration would create or strengthen a dominant position in the market for car air springs can be left open taking into account the commitment of divesture offered by Continental.

| 7. | The majority of the Advisory Committee shares the Commission's view that the commitments submitted by the Parties, to sell






  a) | the air spring production in Hungary; |
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7.

The majority of the Advisory Committee shares the Commission's view that the commitments submitted by the Parties, to sell

a)

the air spring production in Hungary;

| b) | the 50 % stake held by Phoenix in Vibracoustic and |
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b)

the 50 % stake held by Phoenix in Vibracoustic and

| c) | a production line for wide steel cord belts, |
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c)

a production line for wide steel cord belts,

are sufficient to remove the competition concerns mentioned above (question 5.).

The minority disagrees.

| 8. | The majority of the Advisory Committee therefore agrees that the operation, subject to full compliance with the obligations entered into by the parties, should be declared compatible with the common market and the functioning of the EEA-Agreement. The minority disagrees. |
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8.

The majority of the Advisory Committee therefore agrees that the operation, subject to full compliance with the obligations entered into by the parties, should be declared compatible with the common market and the functioning of the EEA-Agreement. The minority disagrees.

| 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

| 10. | The Advisory Committee asks the Commission to take into account all the other points raised during the discussion. |
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10.

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

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