# C_2007251EN.01000501.xml

| 26.10.2007 | EN | Official Journal of the European Union | C 251/5 |
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26.10.2007

EN

Official Journal of the European Union

C 251/5

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Opinion of the Advisory Committee on concentrations given at its 142nd meeting on 20 July 2006 concerning a draft decision relating to Case COMP/M.3848 — Sea-Invest/EMO-EKOM

(2007/C 251/06)

| 1. | The Advisory Committee agrees with the Commission that the notified operation constitutes a concentration with a Community dimension within the meaning of Article 1(2) and 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 with a Community dimension within the meaning of Article 1(2) and Article 3(1)(b) of the EC Merger Regulation.

| 2. | The Advisory Committee agrees with the Commission's definitions of the relevant product markets as stated in the draft decision. |
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2.

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

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

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

| 4. | The Advisory Committee agrees with the Commission's assessment that the transaction does not lead to any competition concerns due to unilateral effects, strengthening the dominance of Sea-Invest or enabling a price increase by EMO-EKOM, or coordinated effects in terminal services for hinterland traffic for coal and iron ore. |
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4.

The Advisory Committee agrees with the Commission's assessment that the transaction does not lead to any competition concerns due to unilateral effects, strengthening the dominance of Sea-Invest or enabling a price increase by EMO-EKOM, or coordinated effects in terminal services for hinterland traffic for coal and iron ore.

| 5. | The Advisory Committee agrees with the Commission's assessment that the variations in the joint venture do not lead to any competition concerns due to coordinated effects in accordance with Article 2(4) of the Merger Regulation. |
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5.

The Advisory Committee agrees with the Commission's assessment that the variations in the joint venture do not lead to any competition concerns due to coordinated effects in accordance with Article 2(4) of the Merger Regulation.

| 6. | The Advisory Committee agrees with the Commission that the concentration as notified does not raise serious doubts as to its compatibility with the common market in accordance with Article 10(2) of the Merger Regulation. |
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6.

The Advisory Committee agrees with the Commission that the concentration as notified does not raise serious doubts as to its compatibility with the common market in accordance with Article 10(2) of the Merger Regulation.

| 7. | The Advisory Committee agrees with the Commission that the notified concentration should be declared compatible with the Common Market and with the functioning of the EEA Agreement in accordance with Articles 2(2) and 8(1) of the Merger Regulation and Article 57 of the EEA Agreement. |
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7.

The Advisory Committee agrees with the Commission that the notified concentration should be declared compatible with the Common Market and with the functioning of the EEA Agreement in accordance with Articles 2(2) and 8(1) of the Merger Regulation and Article 57 of the EEA Agreement.

| 8. | The Advisory Committee asks the Commission to take into account all other points raised during the discussion. |
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8.

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

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