Opinion of the Advisory Committee on Concentrations given at its 116th meeting on 2 June 2003 concerning a draft decision relating to case COMP/M.2947 - Verbund/Energie Allianz

(2004/C 79/10)

(Text with EEA relevance)

(This text cancels and replaces the text published in Official Journal C 69 of 19 March 2004, page 4)

1. A majority of the Advisory Committee agrees with the Commission that the notified transaction constitutes a concentration with community dimension within the meaning of Article 1 and 3(1) of the Merger Regulation. A minority abstains.

2. A majority of the Advisory Committee agrees with the Commission that there is a relevant product market for the supply of electricity to small customers. A minority abstains.

3. A majority of the Advisory Committee agrees with the Commission that there is a relevant product market for the supply of electricity to large customers and small distributors, and that there is no need for further distinction. A minority abstains.

4. A majority of the Advisory Committee agrees with the Commission that there is a relevant product market for the supply of electricity to large regional distributors and electricity trading, and that there is no need for further distinction. A minority abstains.

5. A majority of the Advisory Committee agrees with the Commission that the market for the supply of electricity to the small customers and the market of supply of electricity to large customers and small distributors are national, i.e. Austria. A minority abstains and a further minority disagrees.

6. A majority of the Advisory Committee agrees with the Commission that the question of the geographic market for the supply of electricity to large regional distributors and electricity trading should be left open. A minority abstains.

7. A majority of the Advisory Committee agrees with the Commission that the notified concentration will create a dominant position on the market for the supply of electricity to large customers and small distributors. A minority abstains.

8. A majority of the Advisory Committee agrees with the Commission that the notified concentration will strengthen a dominant position on the market for the supply of electricity to small customers. A minority abstains.

9. A majority of the Advisory Committee agrees with the Commission that the notified concentration is unlikely to create or strengthen a dominant position on the market for the supply of electricity to large regional distributors and electricity trading. A minority abstains.

10. A majority of the Advisory Committee agrees with the Commission that the commitments submitted by the parties are sufficient to eliminate all competition issues raised by the concentration and that the concentration should therefore be declared compatible with the Common Market and the functioning of the EEA agreement. A minority abstains and a further minority disagrees.

11. A majority of the Advisory Committee invites the Commission to take account of all the points raised by the Member States in the discussion. A minority abstains.

12. A majority of the Advisory Committee recommends publication of its opinion in the Official Journal of the European Union. A minority abstains.