Opinion of the Advisory Committee on concentrations given at its 144th meeting on 25 October 2006 concerning a draft decision relating to Case COMP/M.4180 — Gaz de France/Suez — Rapporteur: Sweden
Date: 2006-10-25
Institutions: Advisory Committee on Restrictive Practices and Dominant Positions
Subjects: Belgium, France, competition, economic concentration, electrical energy, gas, merger control, thermal energy

C 72/42

EN

Official Journal of the European Union

29.3.2007

Opinion of the Advisory Committee on concentrations given at its 144th meeting on 25 October
2006 concerning a draft decision relating to Case COMP/M.4180 — Gaz de France/Suez

Rapporteur: Sweden

(2007/C 72/19)

1. The Advisory Committee agrees with the Commission that the notified operation is a concentration
within the meaning of Article 3(1)(a) of the EC Merger Regulation No 132/2004 of the Commission (1).

2. The Advisory Committee agrees with the Commission that for the purpose of assessing the present

operation the definitions of the relevant product markets, as concerns gas in Belgium, are:

(a) The product markets for supply of gas shall each be divided into two separate product markets for L

gas and H gas.

(b) Supply of gas to intermediary resellers.

(c) Supply of gas to electricity producers/gas fired power plants.

(d) Supply of gas to large industrial customers.

(e) Supply of gas to small and industrial and commercial customers.

(f) Supply of gas to household customers.

(g) Trading of natural gas on a hub.

3. The Advisory Committee agrees with the Commission that for the purpose of assessing the present

operation the definitions of the relevant geographic markets, as concerns gas in Belgium, are:

(a) Supply of gas to intermediary resellers — national geographic market.

(b) Supply of gas to electricity producers — national geographic market.

(c) Supply of gas to large industrial customers — national geographic market.

(d) Supply of gas to small and industrial and commercial customers — national geographic market.

(e) Supply of gas to household customers — national or regional geographic market.

If these markets were to be considered regional, the relevant product market would include only L
gas in the Brussels Capital Region.

(f) Trading of natural gas on a hub — Belgian hub and UK hub.

The majority of the Member States agrees, a minority disagrees concerning point (f).

4. The Advisory Committee agrees with the Commission that for the purpose of assessing the present

operation the definitions of the relevant product markets, as concerns gas in France, are:

(a) The product markets, as concerns supply of gas in the North zone, shall be divided into two sepa-

rate product markets for L gas and H gas.

(b) Supply of gas to intermediary resellers.

(c) Supply of gas to electricity producers/gas fired power plants.

(d) Supply of gas to large industrial and commercial customers (who have exercised their eligibility).

(e) Supply of gas to small industrial customers (who have exercised their eligibility).

(f) Supply of gas to household customers (eligible from 1 July 2007).

(1) OJ L 21, 28.1.2004, p. 5.

29.3.2007

EN

Official Journal of the European Union

C 72/43

5. The Advisory Committee agrees with the Commission that for the purpose of assessing the present
operation as concerns gas in France, the definitions of the relevant geographic markets, are based
on the regional balancing zones and that each of them constitutes a relevant geographic market for all
product markets as identified in question 4.

6. The Advisory Committee agrees with the Commission that for the purpose of assessing the present
operation the definitions of the relevant product markets, as concerns electricity in Belgium, are:

(a) Electricity generation and wholesale supply.

(b) Electricity trading market.

(c) Balancing power and ancillary services.

(d) Supply to large commercial and industrial customers (›70kV).

(e) Supply to small commercial and industrial customers (‹70kV).

(f) Supply to household customers.

7. The Advisory Committee agrees with the Commission that for the purpose of assessing the present
operation the definitions of the relevant geographic markets, as concerns electricity in Belgium,
are:

(a) Electricity generation and wholesale supply — national geographic market.

(b) Electricity trading market — national geographic market.

(c) Balancing power and ancillary services — national geographic market.

(d) Supply to large commercial and industrial customers — national geographic market.

(e) Supply to small industrial and commercial customers — national geographic market.

(f) Supply to eligible household customers — regional geographic or national markets (left open).

8. The Advisory Committee agrees with the Commission that for the purpose of assessing the present
operation the definition of the relevant product market, as concerns district heating in France, is:

— Market for the delegated management of district heating networks.

9.

(a) The Advisory Committee agrees with the Commission that for the purpose of assessing the present
operation the definition of the relevant geographic market, as concerns district heating in
France, is:

— Market for the delegated management of district heating networks — national geographic

market.

(b) The Advisory Committee agrees with the Commission that for the purposes of assessing the present
operation, it is not necessary to come to a conclusion on the definition of the relevant product and
geographic markets in respect of any horizontal overlaps or vertical relationship between the parties
in Luxembourg, the UK, the Netherlands and Hungary.

10. 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 substan-
tial part of it and the EEA for the following markets:

Belgium:

(a) Supply of gas to intermediary resellers;

(b) Supply of gas to electricity producers;

(c) Supply of gas to large industrial customers;

(d) Supply of gas to small industrial customers;

(e) Supply of gas to household customers;

C 72/44

EN

Official Journal of the European Union

29.3.2007

(f) Generation and Wholesale of electricity;

(g) Balancing power and ancillary services;

(h) Supply of electricity to large industrial customers;

(i) Supply of electricity to small industrial customers;

(j) Supply of electricity to residential customers.

France:

(a) Markets for the supply of H gas to intermediary resellers in the North and East zones and the

market for the supply of L gas to intermediary resellers in the North zone;

(b) Markets for the supply of (i) H gas to electricity producers in the North and East zones and (ii) L

gas to electricity producers in the North zone;

(c) Markets for the supply of H gas to large industrial customers which have exercised their eligibility in

the North, East, West and South zones;

(d) Markets for the supply of H gas to small industrial customers which have exercised their eligibility

in the North, East, West, South and South-West zones;

(e) Markets for the supply of L gas to (i) large industrial customers which have exercised their eligibility

and (ii) small industrial customers which have exercised their eligibility in the North zone;

(f) Markets for the supply of (i) H gas to household customers from 1 July 2007 in the North, East,
West, South and South-West zones and (ii) L gas to household customers from 1 July 2007 in the
North zone;

(g) Market for delegated management of district heating networks.

11. The Advisory Committee agrees with the Commission that the commitments are sufficient to remove
the significant impediments to competition in the markets identified in Question 10. The majority of
the Member States agrees, a minority disagrees.

12. The Advisory Committee agrees with the Commission that, subject to full compliance with the commit-
ments offered by the parties, and considered all commitments together, the proposed concentration
does not significantly impede effective competition in the common market or in a substantial part
of it, in particular as a result of the creation or strengthening of a dominant position, within the
meaning of Article 2(2) and 8(2) of the Merger Regulation and Article 57 of the EEA Agreement. The
majority of the Member States agrees, a minority disagrees.

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

the discussion