# C_2009013EN.01000601.xml

| 20.1.2009 | EN | Official Journal of the European Union | C 13/6 |
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20.1.2009

EN

Official Journal of the European Union

C 13/6

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Opinion of the Advisory Committee on Mergers given at its meeting of 20 June 2008 regarding a draft decision relating to Case COMP/M.4942 — Nokia/Navteq

Rapporteur: France

(2009/C 13/04)

| 1. | The Advisory Committee agrees with the Commission that the notified operation constitutes a concentration within the meaning of Article 3(1)(b) of the EC Merger Regulation and that it can be deemed to have a community dimension pursuant to Article 4(5) of 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 Article 3(1)(b) of the EC Merger Regulation and that it can be deemed to have a community dimension pursuant to Article 4(5) of that Regulation.

| 2. | The Advisory Committee agrees with the Commission that this is a vertical merger comprising the following relevant product markets:






  — | Navigable Digital Map Databases — Upstream market, |
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2.

The Advisory Committee agrees with the Commission that this is a vertical merger comprising the following relevant product markets:

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Navigable Digital Map Databases — Upstream market,

| — | Navigation Software — Intermediate market, |
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Navigation Software — Intermediate market,

| — | Navigation Applications for Mobile Handsets — Downstream market I, |
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Navigation Applications for Mobile Handsets — Downstream market I,

| — | Mobile Handsets — Downstream market II. |
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Mobile Handsets — Downstream market II.

| 3. | The Advisory Committee agrees with the Commission that the relevant geographic market for Navigable Digital Map Databases is worldwide in scope. |
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3.

The Advisory Committee agrees with the Commission that the relevant geographic market for Navigable Digital Map Databases is worldwide in scope.

| 4. | The Advisory Committee agrees with the Commission that the relevant geographic market for Navigation Software is worldwide in scope. |
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4.

The Advisory Committee agrees with the Commission that the relevant geographic market for Navigation Software is worldwide in scope.

| 5. | The Advisory Committee agrees with the Commission that the relevant geographic market for Navigation Applications for Mobile Handsets is at least EEA-wide in scope. |
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5.

The Advisory Committee agrees with the Commission that the relevant geographic market for Navigation Applications for Mobile Handsets is at least EEA-wide in scope.

| 6. | The Advisory Committee agrees with the Commission that the relevant geographic market for Mobile Handsets is at least EEA wide in scope. |
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6.

The Advisory Committee agrees with the Commission that the relevant geographic market for Mobile Handsets is at least EEA wide in scope.

| 7. | The Advisory Committee agrees with the Commission's conclusion that the merged entity would have no incentive to increase the price or degrade quality/delay access to Navigable Digital Map Databases to its competitors in the markets for Navigation Applications for Mobile Handsets and Mobile Handsets. |
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7.

The Advisory Committee agrees with the Commission's conclusion that the merged entity would have no incentive to increase the price or degrade quality/delay access to Navigable Digital Map Databases to its competitors in the markets for Navigation Applications for Mobile Handsets and Mobile Handsets.

| 8. | The Advisory Committee agrees with the Commission's conclusion that the proposed concentration is not likely to result in any anti-competitive impact to the detriment of consumers. |
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8.

The Advisory Committee agrees with the Commission's conclusion that the proposed concentration is not likely to result in any anti-competitive impact to the detriment of consumers.

| 9. | The Advisory Committee agrees with the Commission's conclusion that the proposed concentration will not result in a significant impediment of effective competition in the common market or a substantial part of it. |
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9.

The Advisory Committee agrees with the Commission's conclusion that the proposed concentration will not result in a significant impediment of effective competition in the common market or a substantial part of it.

| 10. | The Advisory Committee agrees with the Commission that the notified concentration should therefore be declared compatible with the common market pursuant to Article 8(1) of the EC Merger Regulation. |
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10.

The Advisory Committee agrees with the Commission that the notified concentration should therefore be declared compatible with the common market pursuant to Article 8(1) of the EC Merger Regulation.

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

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

Official Journal of the European Union

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