Opinion of the Advisory Committee on Concentrations given at its 99th meeting on 13 September 2001 concerning a preliminary draft decision relating to case COMP/M.2434 — Grupo Villar Mir/ENBW/Hidroeléctrica del Cantábrico (Text with EEA relevance)
Date: 2004-02-18
Institutions: Advisory Committee on Concentrations
Subjects: Spain, advisory committee (EU), competition law, dominant position, economic concentration, electricity supply

C 42/12

EN

Official Journal of the European Union

18.2.2004

limited scope and purpose, which for the reasons explained
in the draft decision led to a negative result, meets the
standards of objectivity required by EC competition law.
The latter is true both with regard to the methodology
the respondents who were
used and the selection of
chosen
amongst
a
competitors and customers having actively participated in
the proceedings and with an adequate knowledge of the
industry
the
technical
to
Commission.

non-discriminatory manner

information

provide

to

in

6. The draft decision only contains objections in respect of
which the parties have been afforded the opportunity of
making known their views.

Done at Brussels, 28 June 2001.

Helmuth SCHRÖTER

Opinion of the Advisory Committee on Concentrations given at its 99th meeting on 13 September
2001 concerning a preliminary draft decision relating to case COMP/M.2434 — Grupo Villar
Mir/ENBW/Hidroeléctrica del Cantábrico

(2004/C 42/06)

(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, and that the notified operation
has a Community dimension as defined by Article 1(2) of the Merger Regulation.

2. The Advisory Committee agrees with the Commission that the relevant product market in this case is
the wholesale market for electricity (the pool and bilateral contracts between eligible customers and
generators).

3. The Advisory Committee agrees with the Commission that the relevant geographic market is the

Spanish mainland.

4. The Advisory Committee agrees with the Commission that the concentration leads to a strengthening of
an existing oligopolistic dominant position on the wholesale market for electricity in Spain, as a result
of which effective competition would be significantly impeded within the Common Market.

5. A majority of the Advisory Committee agrees with the Commission that the commitments submitted
by EDF and EDF/RTE concerning an increase in interconnecting capacity between Spain and France will
remove all the competitive concerns identified by the Commission. A minority disagrees.

6. A majority of the Advisory Committee agrees with the Commission that, subject to the full compliance
of the submitted commitments, the notified concentration should be declared compatible with the
Common Market. A minority disagrees.

7. The Advisory Committee asks the Commission to take into account all the comments made in the
discussion, in particular with regard to the implementation and monitoring of the commitments.

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

Journal of

the

European Union.