Opinion of the Advisory Committee on Concentrations given at its meeting on 25 June 2001 concerning a preliminary draft decision relating to case COMP/M.2220 — General Electric/Honeywell (Text with EEA relevance)
Date: 2004-02-18
Institutions: Advisory Committee on Concentrations, Advisory Committee on Restrictive Practices and Dominant Positions
Subjects: advisory committee (EU), aeronautical industry, competition law, economic concentration, electrical industry, restriction on competition

18.2.2004

EN

Official Journal of the European Union

C 42/13

Opinion of the Advisory Committee on Concentrations given at its meeting on 25 June 2001
concerning a preliminary draft decision relating to case COMP/M.2220 — General Electric/
Honeywell

(2004/C 42/07)

(Text with EEA relevance)

1. The Advisory Committee agrees with the Commission that the notified operation constitutes a concen-

tration within the meaning of Article 3(1)(b) of the Merger Regulation.

2. The Advisory Committee agrees with the Commission that the notified operation has a Community

dimension as defined in Article 1(2) of the Merger Regulation.

3. The Advisory Committee agrees with the Commission that, for the purposes of this case, the relevant

product markets are:

(a)

jet engines for large commercial aircraft;

(b) jet engines for regional aircraft, divided into large and small regional aircraft;

(c)

jet engines for corporate aircraft;

(d) maintenance, repair, overhaul services and the supply of spare parts for jet engines;

(e) avionics, divided product by product;

(f) non-avionics, divided product by product;

(g) engine controls, divided product by product;

(h) small marine gas turbines.

4. The Advisory Committee agrees with the Commission that the relevant geographic market for

(a) the supply of jet engines for large commercial aircraft, regional jet aircraft and corporate jet aircraft

is worldwide;

(b) maintenance, repair, overhaul services and the spare parts for jet engines need not be finally defined

for the purposes of this case;

(c) avionics products is worldwide;

(d) non-avionics products is worldwide;

(e) engine controls is worldwide;

(f) small marine gas turbines is at least the EEA and most likely worldwide.

5. A majority of the Advisory Committee agrees with the Commission that the notified operation as

initially notified would create or strengthen a dominant position on the market for:

(a)

large commercial jet aircraft engines;

(b) large regional jet aircraft engines;

(c) corporate jet aircraft engines;

(d) avionics products;

(e) non-avionics products;

C 42/14

EN

Official Journal of the European Union

18.2.2004

(f) small marine gas turbines;

as a result of which effective competition would be significantly impeded in the EEA or any substantial
part of that area.

A minority abstains.

6. A majority of the Advisory Committee agrees with the Commission that the commitments submitted

by the parties are insufficient to remove competition concerns.

A minority abstains.

7. A majority of the Advisory Committee agrees with the Commission that the operation should be

declared incompatible with the Common Market and the functioning of the EEA-Agreement.

A minority abstains. A minority regrets that the parties did not offer a structural remedy that would
resolve the competition concerns.

8. The Advisory Committee recommends the publication of its opinion in the Official

Journal of

the

European Union.

9. The Advisory Committee asks the Commission to take into account the remarks and comments made

by the Advisory Committee.

Commission communication in the framework of the implementation of Council Directive
90/385/EEC of 20 June 1990 in relation to ‘Active Implantable Medical Devices’ (1)

(2004/C 42/08)

(Text with EEA relevance)

(Publication of titles and references of European harmonised standards under the directive)

ESO (1)

Reference

Title of the harmonised standards

CEN

EN ISO 14971:2000/AC:2002 Medical devices — Application of risk management to medical devices

(ISO 14971:2000)

(1) ESO (European standardisation organisations):

— CEN: rue de Stassart 36, B-1050 Brussels, tel. (32-2) 550 08 11, fax (32-2) 550 08 19 (http://www.cenorm.be)
— Cenelec: rue de Stassart 35, B-1050 Brussels, tel. (32-2) 519 68 71, fax (32-2) 519 69 19 (http://www.cenelec.org)
— ETSI: 650, route des Lucioles, F-06921 Sophia Antipolis Cedex, tel. (33-4) 92 94 42 00, fax (33-4) 93 65 47 16 (http://www.etsi.org).

NOTE:

— Any information concerning the availability of the standards can be obtained either from the European
standardisation organisations or from the national standardisation bodies of which the list is annexed
to the European Parliament and Council Directive 98/34/EC (2) amended by the Directive 98/48/EC (3).

— Publication of the references in the Official Journal of the European Union does not imply that the

standards are available in all the Community languages.

— The Commission ensures the updating of this list.

(1) OJ L 189, 20.7.1990, p. 17.
(2) OJ L 204, 21.7.1998, p. 37.
(3) OJ L 217, 5.8.1998, p. 18.