Opinion of the Advisory Committee on Concentrations delivered at its 73rd meeting on 24 January 2000 on a preliminary draft Decision in Case COMP/M.1641 — Linde/AGA (Text with EEA relevance)
Date: 2002-05-07
Institutions: Advisory Committee on Restrictive Practices and Dominant Positions
Subjects: advisory committee (EU), competition law, dominant position, economic concentration, gas, market access, merger control

C 110/8

EN

Official Journal of the European Communities

7.5.2002

Opinion of

the Advisory Committee on Concentrations delivered at

its 73rd meeting on

24 January 2000 on a preliminary draft Decision in Case COMP/M.1641 — Linde/AGA

(2002/C 110/06)

(Text with EEA relevance)

1. The Advisory Committee agrees with the Commission that the product markets should be defined in
terms of the different types of gas sold, and the different forms of distribution: on-site plants and
pipelines, liquefied gas, and cylinders.

2. The Advisory Committee agrees with the Commission that in the case of liquefied and cylinder gases
the relevant geographic markets will not as a rule extend beyond the territory of one Member State at a
time.

3. The Advisory Committee agrees with the Commission that the concentration initially proposed would

place AGA/Linde in a dominant position on the market in cylinder gases in the Netherlands.

4. The Advisory Committee agrees with the Commission that the concentration initially proposed would
place AGA/Linde in a dominant position on the markets in liquefied and cylinder gases in Austria.

5. (a) A majority of

the Advisory Committee agrees with the Commission that

the concentration
proposed does not raise any problem of competition on the market in gases in Germany. A
minority takes the view that
the concentration proposed would create or strengthen a joint
dominant position held by Linde/AGA and Messer on the gas markets in Germany. Another
minority abstrains.

(b) The Advisory Committee agrees with the Commission that the concentration proposed does not

raise any problem of competition on the Scandinavian gas markets.

6. The Advisory Committee agrees with the Commission that the commitments entered into by the parties

are such as to overcome the problems of competition identified in points 3 and 4.

7. The Advisory Committee asks the Commission to take account of all the other points raised during the

discussion, and recommends that this opinion be published.

Non-opposition to a notified concentration

(Case COMP/M.1855 — Singapore Airlines/Virgin Atlantic)

(2002/C 110/07)

(Text with EEA relevance)

On 23 March 2002 the Commission decided not to oppose the above notified concentration and to
declare it compatible with the common market. This decision is based on Article 6(1)(b) of Council
Regulation (EEC) No 4064/89. The full text of the decision is only available in English and will be
made public after it is cleared of any business secrets it may contain. It will be available:

— as a paper version through the sales offices of the Office for Official Publications of the European

Communities (see list on the last page),

— in electronic form in the ‘CEN’ version of the CELEX database, under document No 300M1855. CELEX

is the computerised documentation system of European Community law.

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