# C_2015025EN.01000301.xml

| 24.1.2015 | EN | Official Journal of the European Union | C 25/3 |
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24.1.2015

EN

Official Journal of the European Union

C 25/3

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Opinion of the Advisory Committee on mergers given at its meeting of 25 September 2013 regarding a draft decision relating to Case COMP/M.6796 — Aegean/Olympic II

Rapporteur: Poland

(2015/C 25/03)

Concentration

Concentration

| 1. | The Advisory Committee agrees with the Commission that the notified operation constitutes a concentration within the meaning of Council Regulation (EC) No 139/2004 (the ‘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 Council Regulation (EC) No 139/2004 (the ‘Merger Regulation’).

| 2. | The Advisory Committee agrees with the Commission that the notified operation is examined under the Merger Regulation pursuant to its Article 22(3). |
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2.

The Advisory Committee agrees with the Commission that the notified operation is examined under the Merger Regulation pursuant to its Article 22(3).

Market definition

Market definition

| 3. | The Advisory Committee agrees with the Commission’s definitions of the relevant product markets as stated in the draft decision. In particular, concerning the product market definition, does the Advisory Committee agree with the Commission’s approach to leave open in this case






  (a) | the distinction between time-sensitive and non-time sensitive passengers; and |
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3.

The Advisory Committee agrees with the Commission’s definitions of the relevant product markets as stated in the draft decision. In particular, concerning the product market definition, does the Advisory Committee agree with the Commission’s approach to leave open in this case

(a)

the distinction between time-sensitive and non-time sensitive passengers; and

| (b) | the inclusion of ferry services in the relevant market for non-time sensitive passengers and all passengers on the routes of concern (except for the Athens-Mykonos and the Athens-Rhodes routes) specified in the draft decision. |
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(b)

the inclusion of ferry services in the relevant market for non-time sensitive passengers and all passengers on the routes of concern (except for the Athens-Mykonos and the Athens-Rhodes routes) specified in the draft decision.

Competition assessment

Competition assessment

| 4. | The Advisory Committee agrees with the Commission that the proposed concentration leads to a significant impediment of effective competition due to the elimination of actual competition between Aegean and Olympic Air on the following five domestic routes:






  (a) | Athens-Chania; |
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4.

The Advisory Committee agrees with the Commission that the proposed concentration leads to a significant impediment of effective competition due to the elimination of actual competition between Aegean and Olympic Air on the following five domestic routes:

(a)

Athens-Chania;

| (b) | Athens-Santorini; |
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(b)

Athens-Santorini;

| (c) | Athens-Mytilini; |
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(c)

Athens-Mytilini;

| (d) | Athens-Kos; and |
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(d)

Athens-Kos; and

| (e) | Athens-Corfu. |
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(e)

Athens-Corfu.

| 5. | The Advisory Committee agrees with the Commission that the proposed concentration significantly impedes effective competition as a result of the elimination of a credible potential entrant on the following six routes:






  (a) | Athens-Alexandroupolis; |
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5.

The Advisory Committee agrees with the Commission that the proposed concentration significantly impedes effective competition as a result of the elimination of a credible potential entrant on the following six routes:

(a)

Athens-Alexandroupolis;

| (b) | Athens-Rhodes; |
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(b)

Athens-Rhodes;

| (c) | Athens-Thessaloniki; |
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(c)

Athens-Thessaloniki;

| (d) | Athens-Heraklion; |
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(d)

Athens-Heraklion;

| (e) | Athens-Chios; |
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(e)

Athens-Chios;

| (f) | Athens-Samos. |
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(f)

Athens-Samos.

| 6. | The Advisory Committee agrees with the Commission that the proposed transaction would not significantly impede effective competition as concerns the market for attribution of PSO routes in Greece. |
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6.

The Advisory Committee agrees with the Commission that the proposed transaction would not significantly impede effective competition as concerns the market for attribution of PSO routes in Greece.

Entry

Entry

| 7. | The Advisory Committee agrees with the Commission’s conclusion that no post-merger timely and sufficient entry by international and/or domestic carriers establishing a base at Athens airport is likely in the foreseeable future. |
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7.

The Advisory Committee agrees with the Commission’s conclusion that no post-merger timely and sufficient entry by international and/or domestic carriers establishing a base at Athens airport is likely in the foreseeable future.

Failing firm defence

Failing firm defence

| 8. | The Advisory Committee agrees with the Commission that the failing firm defence criteria are met in the present case. |
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8.

The Advisory Committee agrees with the Commission that the failing firm defence criteria are met in the present case.

Conclusion

Conclusion

| 9. | The Advisory Committee agrees with the Commission that the notified transaction must therefore be declared compatible with the internal market and 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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9.

The Advisory Committee agrees with the Commission that the notified transaction must therefore be declared compatible with the internal market and 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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