Opinion of the Advisory Committee on concentrations given at its 134th meeting on  9 August 2005  concerning a draft decision relating to case COMP/M.3687 — Johnson&Johnson/Guidant
Date: 2006-06-27
Institutions: Advisory Committee on Concentrations
Subjects: advisory committee (EU), cardiovascular disease, economic concentration, medical device, pharmaceutical industry

C 149/2

EN

Official Journal of the European Union

27.6.2006

Opinion of the Advisory Committee on concentrations given at its 134th meeting on 9 August
2005 concerning a draft decision relating to case COMP/M.3687 — Johnson&Johnson/Guidant

(2006/C 149/02)

1. The Advisory Committee agrees with the Commission that
the notified operation constitutes a concentration within the
meaning of Article 1(3) and Article 3(1)(b) of the EC Merger
Regulation and that
it has a Community dimension as
defined by that Regulation.

Article 2(2) of the Merger Regulation) and the EEA for the
following markets

In interventional cardiology (IC) devices:

2. The Advisory Committee agrees with the Commission that
for the purpose of assessing the present operation, the rele-
vant product markets are

(a) Drug-eluting stents (DES),

(b) Bare metal stents (BMS),

In interventional cardiology (IC) devices:

(a) Drug-eluting stents (DES),

(b) Bare metal stents (BMS),

(c) Coronary guiding catheters,

(d) Percutaneous transluminal coronary angioplasty (PTCA)

balloon catheters,

(c) Coronary guiding catheters,

(d) Percutaneous transluminal coronary angioplasty (PTCA)

balloon catheters.

In endovascular devices:

(e) Endovascular guiding catheters,

(f) Steerable guidewires (SGW),

(e) Steerable guidewires (SGW).

(g) Percutaneous transluminal angioplasty (PTA) balloon

catheters,

In endovascular devices:

(h) Embolic protection devices (EPD).

(f) Endovascular guiding catheters,

(g) Steerable guidewires (SGW),

(h) Percutaneous transluminal angioplasty (PTA) balloon

catheters,

In cardiac surgery devices:

(i) Beating-heart surgery systems,

(j) Blowers and misters.

(i) Embolic protection devices (EPD),

A minority of the Advisory Committee disagrees.

(j) Balloon expandable stents (BX),

(k) Self expandable carotid stents (SX carotid stents),

(l) Self expandable non-carotid stents

(SX non-carotid

stents).

In cardiac surgery devices:

(m) Beating-heart surgery systems,

5. The Advisory Committee agrees with the Commission that
the proposed concentration is likely to result in a significant
impediment to effective competition in the common market
or in a substantial part of it and the EEA

In interventional cardiology (IC) devices:

(a) as a result of the strengthening of Guidant's dominant
postition in the market for steerable guidewires (SGW).

(n) Blowers and misters,

In endovascular devices:

(o) Endoscopic vessel harvesting systems (EVH).

3. The Advisory Committee agrees with the Commission that
for the purpose of assessing the present operation, the rele-
vant geographic markets are national for all of the above
mentioned product markets.

4. A majority of

the Advisory Committee agrees with the
Commission that
the proposed concentration does not
significantly impede effective competition in the common
market or in a substantial part of it (within the meaning of

(b) in particular as a result of the creation of a dominant
position in the national markets of Austria, Belgium,
France, Germany, Italy, Luxembourg, the Netherlands,
Portugal and Spain for balloon expandable stents (BX);

(c) in particular as a result of the creation of a dominant
position, as the proposed concentration will give rise to
non-coordinated adverse effects in the national markets
of Austria, Belgium, France, Finland, Germany,
Italy,
Luxembourg, the Netherlands, Portugal and Spain for
self expandable carotid stents (SX carotid stents);

27.6.2006

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Official Journal of the European Union

C 149/3

(d) in particular as a result of the creation or the strength-
ening of a dominant position, as the proposed concen-
tration will give rise to non-coordinated adverse effects
in the national markets of Austria, Belgium, Germany,
and the Netherlands for self expandable non-carotid
stents (SX non-carotid stents).

In cardiac surgery devices:

(e) as the concentration will give rise to a dominant posi-
for Endoscopic vessel harvesting

tion in the market
systems (EVH).

6. A majority of

the Advisory Committee agrees with the
Commission that the commitments are sufficient to remove
the significant impediments to competition on the markets
for:

(a) Coronary steerable guidewires (SGW),

(b) Balloon expandable stents (BX),

(c) Self expandable carotid stents (SX carotid stents),

(d) Self expandable non-carotid stents

(SX non-carotid

stents),

(e) Endoscopic vessel harvesting systems (EVH).

A minority of the Advisory Committee disagrees.

7. A majority of

the Advisory Committee agrees with the
Commission that, subject to full compliance with the under-
takings offered by the parties, the proposed concentration
does not significantly impede effective competition in the
common market or a substantial part of it, in particular as a
result of the creation or strengthening of a dominant posi-
tion, within the meaning of Article 2(2) of the Merger Regu-
lation and that the proposed concentration is therefore to
be declared compatible with Article 2(2) and 8(2) of the
Merger Regulation and Article 57 of the EEA Agreement.

A minority of the Advisory Committee disagrees.

8. The Advisory Committee asks the Commission to take into
account all the other points raised during the discussion.