# C_2005047EN.01000501.xml

| 23.2.2005 | EN | Official Journal of the European Union | C 47/5 |
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23.2.2005

EN

Official Journal of the European Union

C 47/5

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Opinion of the Advisory Committee on concentrations given at the 71st meeting on 18 November 1999 concerning a preliminary draft decision relating to Case COMP M.1608 — KLM/Martinair III (Additional Procedure)

(2005/C 47/03)

(Text with EEA relevance)

| 1. | The Advisory Committee agrees with the Commission that KLM submitted incorrect/misleading information concerning Transavia's charter flight destinations to the Mediterranean area. |
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1.

The Advisory Committee agrees with the Commission that KLM submitted incorrect/misleading information concerning Transavia's charter flight destinations to the Mediterranean area.

charter

| 2. | The Advisory Committee agrees with the Commission that KLM provided incorrect/misleading information regarding Transavia's scheduled services to the Mediterranean area. |
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2.

The Advisory Committee agrees with the Commission that KLM provided incorrect/misleading information regarding Transavia's scheduled services to the Mediterranean area.

scheduled

| 3. | The Advisory Committee agrees with the Commission's view that the misleading/incorrect information on Transavia's charter flights concerned important market issues of the intended merger and that the behaviour of KLM constitutes a serious infringement within the meaning of Article 14(1)(b). |
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3.

The Advisory Committee agrees with the Commission's view that the misleading/incorrect information on Transavia's charter flights concerned important market issues of the intended merger and that the behaviour of KLM constitutes a serious infringement within the meaning of Article 14(1)(b).

charter

serious

| 4. | The Advisory Committee agrees with the Commission's view that the misleading/incorrect information on Transavia's scheduled flights concerned important market issues of the intended merger and that the behaviour of KLM constitutes a serious infringement within the meaning of Article 14(1)(b). |
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4.

The Advisory Committee agrees with the Commission's view that the misleading/incorrect information on Transavia's scheduled flights concerned important market issues of the intended merger and that the behaviour of KLM constitutes a serious infringement within the meaning of Article 14(1)(b).

scheduled

serious

| 5. | The Advisory Committee agrees with the Commission that the misleading/incorrect information on Transavia's charter flights has been given at least negligently and that the behaviour of KLM therefore justifies the imposition of a fine. |
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5.

The Advisory Committee agrees with the Commission that the misleading/incorrect information on Transavia's charter flights has been given at least negligently and that the behaviour of KLM therefore justifies the imposition of a fine.

charter

at least negligently

| 6. | The Advisory Committee agrees with the Commission that the misleading/incorrect information on Transavia's scheduled flights has been given at least negligently and that the behaviour of KLM therefore justifies the imposition of a fine. |
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6.

The Advisory Committee agrees with the Commission that the misleading/incorrect information on Transavia's scheduled flights has been given at least negligently and that the behaviour of KLM therefore justifies the imposition of a fine.

scheduled

at least negligently

| 7. | The majority of the Advisory Committee agrees with the level of the fine the Commission proposes in the draft decision, a minority disagrees. |
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7.

The majority of the Advisory Committee agrees with the level of the fine the Commission proposes in the draft decision, a minority disagrees.

| 8. | The Advisory Committee invites the Commission to take into account all the other points raised by the Member States during the discussion. |
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8.

The Advisory Committee invites the Commission to take into account all the other points raised by the Member States during the discussion.

| 9. | The Advisory Committee recommends publication of this Opinion in the Official Journal of the European Communities. |
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9.

The Advisory Committee recommends publication of this Opinion in the Official Journal of the European Communities.

Official Journal of the European Communities

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