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 (Text with EEA relevance)
Date: 2004-03-30
Institutions: Advisory Committee on Concentrations, Advisory Committee on Restrictive Practices and Dominant Positions
Subjects: advisory committee (EU), economic concentration, electrical energy, energy distribution, merger control, opinion

30.3.2004

EN

Official Journal of the European Union

C 79/9

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
geographic market for the supply of electricity to large regional distributors and electricity trading
should be left open. A minority abstains.

the question of

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.