# C_2007072EN.01004601.xml

| 29.3.2007 | EN | Official Journal of the European Union | C 72/46 |
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29.3.2007

EN

Official Journal of the European Union

C 72/46

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Opinion of the Advisory Committee on concentrations given at its 139th meeting on 7 April 2006 concerning a draft decision relating to Case COMP/M.3916 — T-Mobile Austria/Tele.ring

Rapporteur: Luxembourg

(2007/C 72/21)

| 1. | The Advisory Committee agrees with the Commission that the notified operation constitutes a concentration within the meaning of Article 3(1)(b) of Council Regulation (EC) No 139/2004 (1) and that it has a Community dimension. |
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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 Council Regulation (EC) No 139/2004 (1) and that it has a Community dimension.

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| 2. | The majority of the Advisory Committee agrees with the Commission that for the purposes of assessing the present operation, the relevant product markets are the following:






  a) | The market for provision of mobile telecommunication services to end consumers; |
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2.

The majority of the Advisory Committee agrees with the Commission that for the purposes of assessing the present operation, the relevant product markets are the following:

a)

The market for provision of mobile telecommunication services to end consumers;

| b) | The market for wholesale of termination services; |
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b)

The market for wholesale of termination services;

| c) | The market for wholesale international roaming services. |
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c)

The market for wholesale international roaming services.

A minority disagrees with respect to a) and a minority abstains for c).

| 3. | The Advisory Committee agrees with the Commission that for the purposes of assessing the present operation, the relevant geographic markets are national. |
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3.

The Advisory Committee agrees with the Commission that for the purposes of assessing the present operation, the relevant geographic markets are national.

| 4. | The majority of the Advisory Committee agrees with the Commission that the operation as notified would give rise to non-coordinated effects in the Austrian market for the provision of mobile telecommunication services to end consumers and therefore result in a significant impediment of effective competition in that market. A minority abstains. |
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4.

The majority of the Advisory Committee agrees with the Commission that the operation as notified would give rise to non-coordinated effects in the Austrian market for the provision of mobile telecommunication services to end consumers and therefore result in a significant impediment of effective competition in that market. A minority abstains.

| 5. | The Advisory Committee agrees with the Commission that the efficiency claims raised by T-Mobile are very unlikely to take place after the concentration. |
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5.

The Advisory Committee agrees with the Commission that the efficiency claims raised by T-Mobile are very unlikely to take place after the concentration.

| 6. | The majority of the Advisory Committee agrees with the Commission that the commitments submitted by the parties are sufficient to remove the competition concerns raised and that, as a result, the concentration should be declared compatible with the Common Market. A minority disagrees. |
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6.

The majority of the Advisory Committee agrees with the Commission that the commitments submitted by the parties are sufficient to remove the competition concerns raised and that, as a result, the concentration should be declared compatible with the Common Market. A minority disagrees.

| 7. | The Advisory Committee asks the Commission to take into account all the other points raised during the discussion. |
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7.

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

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(1)  JO L 24 du 29.1.2004, p. 1.

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