# C_2005059EN.01000401.xml

| 9.3.2005 | EN | Official Journal of the European Union | C 59/4 |
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9.3.2005

EN

Official Journal of the European Union

C 59/4

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Opinion of the Advisory Committee on concentrations given at its 127th meeting on 9 July 2004 concerning a preliminary draft decision in case COMP/M.3333 — SONY/BMG

(2005/C 59/03)

(Text with EEA relevance)

(Annuls and replaces 2005/C 52/05 (OJ C 52, 2.3.2005, p. 7))

| 1. | The Advisory Committee agrees with the Commission that the notified operation constitutes a concentration within the meaning of the Merger Regulation (EEC) No 4064/89 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 (EEC) No 4064/89 and that it has a Community dimension as defined by that Regulation.

| 2. | The Advisory Committee agrees with the Commission that there is a relevant product market for:






  (a) | recorded music, which might be subdivided into separate markets for different genres and for compilations, |
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2.

The Advisory Committee agrees with the Commission that there is a relevant product market for:

(a)

recorded music, which might be subdivided into separate markets for different genres and for compilations,

| (b) | online music divided into the wholesale market for licenses for online music and the retail market for distribution of online music, |
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(b)

online music divided into the wholesale market for licenses for online music and the retail market for distribution of online music,

| (c) | music publishing, which might be subdivided into separate markets for mechanical rights, performance rights, synchronisation rights, printing rights and other rights. |
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(c)

music publishing, which might be subdivided into separate markets for mechanical rights, performance rights, synchronisation rights, printing rights and other rights.

| 3. | The Advisory Committee agrees with the Commission that the above product markets are national in scope except for music publishing where the geographic market can be left open. |
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3.

The Advisory Committee agrees with the Commission that the above product markets are national in scope except for music publishing where the geographic market can be left open.

| 4. | The majority of the Advisory Committee agrees with the Commission that the proposed concentration will not lead to the strengthening nor the creation of a collective dominant position in the markets for:






  (a) | recorded music or |
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4.

The majority of the Advisory Committee agrees with the Commission that the proposed concentration will not lead to the strengthening nor the creation of a collective dominant position in the markets for:

(a)

recorded music or

| (b) | the wholesale market for licenses for online music. |
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(b)

the wholesale market for licenses for online music.

A minority disagrees.

| 5. | The Advisory Committee agrees with the Commission that the proposed concentration will not lead to the creation of a single dominant position in:






  (a) | the markets for recorded music in Germany, the Netherlands, Belgium, Luxembourg and France and |
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5.

The Advisory Committee agrees with the Commission that the proposed concentration will not lead to the creation of a single dominant position in:

(a)

the markets for recorded music in Germany, the Netherlands, Belgium, Luxembourg and France and

| (b) | the national markets for online music distribution. |
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(b)

the national markets for online music distribution.

| 6. | The majority of the Advisory Committee agrees with the Commission that the proposed concentration will not have as an effect the coordination of the competitive behaviour of Sony and Bertelsmann in the music publishing markets. A minority disagrees. |
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6.

The majority of the Advisory Committee agrees with the Commission that the proposed concentration will not have as an effect the coordination of the competitive behaviour of Sony and Bertelsmann in the music publishing markets. A minority disagrees.

| 7. | The majority of the Advisory Committee agrees with the Commission that the proposed concentration does not create nor strengthen a dominant position as a result of which effective competition would be significantly impeded in the Common Market or in a substantial part of it and that the concentration therefore is to be declared compatible with the Common Market and with the EEA Agreement. A minority disagrees. |
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7.

The majority of the Advisory Committee agrees with the Commission that the proposed concentration does not create nor strengthen a dominant position as a result of which effective competition would be significantly impeded in the Common Market or in a substantial part of it and that the concentration therefore is to be declared compatible with the Common Market and with the EEA Agreement. A minority disagrees.

| 8. | The Advisory Committee recommends publication of its opinion in the Official Journal of the European Union. |
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8.

The Advisory Committee recommends publication of its opinion in the Official Journal of the European Union.

Official Journal of the European Union

| 9. | The Advisory Committee asks the Commission to take into account all the other points raised during the discussion. |
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9.

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

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