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 (Text with EEA relevance)
Date: 2001-03-23
Institutions: Advisory Committee on Restrictive Practices and Dominant Positions
Subjects: EU Member State, dominant position, economic concentration, restriction on competition, vehicle on rails

C 63/28

EN

Official Journal of the European Communities

12.3.2002

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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 (cid:151) Bombardier/ADtranz

OPINION

(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;

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

(c) EMUs and DMUs for regional transport;

(f)

refurbishment of rail vehicles

(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.

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.

12.3.2002

EN

Official Journal of the European Communities

C 63/29

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;

(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 main-

tenance 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.

(f) a dominant position on the market

for passenger

coaches in the EEA;

Commission takes into account all
Member States during the discussion.

9. The Advisory

Committee

recommends

the
issues raised by the

that

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

in Austria;

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