# C_2005206EN.01000801.xml

| 23.8.2005 | EN | Official Journal of the European Union | C 206/8 |
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23.8.2005

EN

Official Journal of the European Union

C 206/8

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Opinion of the Advisory Committee on concentrations given at its 129th meeting on 19 October 2004 concerning a preliminary draft decision relating to Case COMP/M.3216 — Oracle/PeopleSoft

(2005/C 206/08)

| 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. | High-function human resources (HR) solutions for large and complex enterprises; |
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2.

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

a.

High-function human resources (HR) solutions for large and complex enterprises;

| b. | High-function financial management (FMS) solutions for large and complex enterprises. |
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b.

High-function financial management (FMS) solutions for large and complex enterprises.

| 3. | The Advisory Committee agrees with the Commission that best-of-breed software is not part of the markets for high-function FMS and HR solutions. |
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3.

The Advisory Committee agrees with the Commission that best-of-breed software is not part of the markets for high-function FMS and HR solutions.

| 4. | The Advisory Committee agrees with the Commission that outsourcers do not represent competitive constraints vis-à-vis high-function HR and FMS software. |
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4.

The Advisory Committee agrees with the Commission that outsourcers do not represent competitive constraints vis-à-vis high-function HR and FMS software.

| 5. | The Advisory Committee agrees with the Commission that consultants and system integrators, as well as in-house systems, do not exert any substantial competitive constraint on the EAS market. |
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5.

The Advisory Committee agrees with the Commission that consultants and system integrators, as well as in-house systems, do not exert any substantial competitive constraint on the EAS market.

| 6. | The Advisory Committee agrees with the Commission that the above mentioned product markets are global in scope. |
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6.

The Advisory Committee agrees with the Commission that the above mentioned product markets are global in scope.

| 7. | The Advisory Committee agrees with the Commission that in the markets for high-function FMS and HR for large and complex enterprises, Oracle, PeopleSoft and SAP are the main players, but that it cannot be excluded that Lawson, Intentia, IFS, Qad and Microsoft are vendors in those markets. |
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7.

The Advisory Committee agrees with the Commission that in the markets for high-function FMS and HR for large and complex enterprises, Oracle, PeopleSoft and SAP are the main players, but that it cannot be excluded that Lawson, Intentia, IFS, Qad and Microsoft are vendors in those markets.

| 8. | The Advisory Committee agrees with the Commission that the proposed concentration will not lead to the creation nor the strengthening of a single dominant position in the markets for high-function FMS and HR for large and complex enterprises. |
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8.

The Advisory Committee agrees with the Commission that the proposed concentration will not lead to the creation nor the strengthening of a single dominant position in the markets for high-function FMS and HR for large and complex enterprises.

| 9. | The Advisory Committee agrees with the Commission that the proposed concentration will not lead to the creation nor the strengthening of a collective dominant position in the markets for high-function FMS and HR for large and complex enterprises. |
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9.

The Advisory Committee agrees with the Commission that the proposed concentration will not lead to the creation nor the strengthening of a collective dominant position in the markets for high-function FMS and HR for large and complex enterprises.

| 10. | 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. |
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10.

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.

| 11. | The Advisory Committee recommends publication of its opinion in the Official Journal of the European Union. |
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11.

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

Official Journal of the European Union

| 12. | The Advisory Committee asks the Commission to take into account all the other points raised during the discussion. |
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12.

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

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