Opinion

of the Advisory Committee on Concentrations given at its 93rd meeting on 23 March 2001 concerning a preliminary draft decision relating to Case COMP/M.2139 - Bombardier/ADtranz

(2002/C 63/09)

(Text with EEA relevance)

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 Merger Regulation and that it has a Community dimension as defined by Article 1(2) of the Merger Rgulation.

2. The Advisory Committee agrees with the Commission's definition of the relevant product markets for:

(a) high-speed trains;

(b) self-propelled electrical multiple units (EMUs) and diesel multiple units (DMUs) for intercity transport;

(c) EMUs and DMUs for regional transport;

(d) passenger coaches;

(e) trams and light rail vehicles (LRVs);

(f) underground vehicles;

(g) airport people movers (APMs);

(h) heavy maintenace services,

(i) light maintenance services; and

(j) refurbishment of rail vehicles.

3. The Advisory Committee agrees with the Commission that the markets for:

(a) EMUs and DMUs for regional transport;

(b) trams and LRVs;

(c) underground vehicles;

(d) heavy maintenance services;

(e) light maintenance services; and

(f) refurbishment of rail vehicles

are national, and that the the relevant geographics markets for:

(g) high-speed trains;

(h) self-propelled EMUs and DMUs for intercity transport;

(i) passenger coaches; and

(j) APMs

can be left open.

4. The Advisory Committee agrees with the Commission that the proposed concentration is likely to create a dominant position on:

(a) the market for EMUs and DMUs for regional transport in Germany; and

(b) the market for trams and LRVs in Germany,

as a result of which effective competition would be significantly impeded within a substantial part of the common market.

5. The Advisory Committee agrees with the Commission that the proposed concentration will not create or strengthen:

(a) a dominant position on the market for high-speed trains in the Netherlands;

(b) a dominant position on the market for high-speed trains in Germany,

(c) a dominant position on the market for high-speed trains in the EEA;

(d) a dominant position on the market for EMUs and DMUs for intercity transport in Germany,

(e) a dominant position on the market for EMUs and DMUs for intercity transport in the EEA;

(f) a dominant position on the market for passenger coaches in the EEA;

(g) a dominant position on the market for trams and LRVs in Austria;

(h) a collective dominant position on the market for trams and LRVs in France;

(i) a dominant position on the market for trams and LRVs in Sweden;

(j) a dominant on the market for underground vehicles in Austria; or

(k) a dominant position on the market for heavy maintenance services in the United Kingdom.

6. The Advisory Committee agrees with the Commission that the commitments as proposed by the Parties would be sufficient to remove the competition concerncs identified by the Commission.

7. The Advisory Committee agrees with the Commission that the proposed commitments were submitted by the Parties in line with the procedural requirements as laid down in Article 18(2) of the Commission Regulation (EC) No 447/98.

8. The Advisory Committee agrees with the Commission that the proposed concentration can be declared compatible with the common market pursuant to Article 8(2) of the Merger Regulation.

9. The Advisory Committee recommends that the Commission takes into account all issues raised by the Member States during the discussion.

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